THE ASSAM RIFLES ACT, 2006 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Persons subject to this Act. 

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE 

CHAPTER II 

4.  Constitution of Force. 
5.  Control, direction, etc. 
6.  Enrolment. 
7.  Liability for service outside India. 
8.  Resignation and withdrawal from the post. 
9.  Tenure of service under the Act. 
10.  Termination of service by Central Government. 
11.  Dismissal, removal or reduction by Director-General and by other officers. 
12.  Certificate of termination of service. 
13.  Restrictions on right to form association, freedom of speech, etc. 

CHAPTER III 

SERVICE PRIVILEGES 

14.  Authorised deduction only to be made from pay. 
15.  Remedy of aggrieved persons other than officers. 
16.  Remedy of aggrieved officers. 
17.  Immunity from attachment. 
18.  Immunity from arrest for debt. 
19.  Immunity of persons attending Assam Rifles Court from arrest. 
20.  Saving of rights and privileges under other laws. 

CHAPTER IV 

OFFENCES 

21.  Offences in relation to the enemy and punishable with death. 
22.  Offences in relation to the enemy and not punishable with death. 
23.  Offences punishable more severely on active duty than at other times. 

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SECTIONS 

24.  Mutiny. 
25.  Desertion and aiding desertion. 
26.  Absence without leave. 
27.  Striking or threatening superior officers. 
28.  Disobedience to superior officer. 
29.  Insubordination and obstruction. 
30.  Fraudulent enrolment. 
31.  False answers on enrolment. 
32.  Unbecoming conduct. 
33.  Certain forms of disgraceful conduct. 
34.  Ill-treating a subordinate. 
35.  Intoxication. 
36.  Permitting escape of person in custody. 
37.  Irregularity in connection with arrest or confinement. 
38.  Escape from custody. 
39.  Offences in respect of property. 
40.  Extortion and corruption. 
41.  Making away with equipment. 
42.  Injury to property. 
43.  False accusations. 
44.  Falsifying official document and false declarations. 
45.  Signing in blank and failure to report. 
46.  Offences relating to Assam Rifles Court. 
47.  False evidence. 
48.  Unlawful detention of pay. 
49.  Violation of good order and discipline. 
50.  Miscellaneous offences. 
51.  Attempt.  
52.  Abetment of offences that have been committed. 
53.  Abetment of offences punishable with death and not committed. 
54.  Abetment of offences punishable with imprisonment and not committed. 
55.  Civil offences. 
56.  Civil offences not triable by an Assam Rifles Court. 

CHAPTER V 

PUNISHMENTS 

57.  Punishment awardable by Assam Rifles Courts. 
58.  Alternative punishments awardable by Assam Rifles Courts. 
59.  Combination of punishments. 
60.  Retention in the Force of a person convicted on active duty. 
61.  Punishments otherwise than by Assam Rifles Courts. 
62.  Minor punishments. 
63.  Limit of punishments under section 62. 
64.  Punishment of officers below the rank of Deputy Commandant, subordinate officers and Warrant 

Officer by Deputy Inspectors-General and others. 

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SECTIONS 

65.  Punishment of officers below the rank of a Commandant, subordinate officers and Warrant 

Officer by the Inspectors-General and others. 

66.  Punishment or subordinate officers and Warrant Officer by Commandant, etc. 
67.  Collective fines. 

CHAPTER VI 

PENAL DEDUCTIONS 

68.  Deductions from pay and allowances of officers. 
69.  Deductions from pay and allowances of persons other than officers. 
70.  Computation of time of absence or custody. 
71.  Pay and allowances during trial. 
72.  Limit of certain deductions. 
73.  Deduction from public money due to a person. 
74.  Pay and allowances of prisoner of war during inquiry into his conduct. 
75.  Remission of deductions. 
76.  Provision for dependants of prisoner of war from remitted deductions. 
77.  Provision for dependants of prisoner of war from his pay and allowances. 
78.  Period during which a person is deemed to be a prisoner of war. 

CHAPTER VII 

ARREST AND PROCEEDINGS BEFORE TRIAL 

79.  Custody of offenders. 
80.  Duty of Commandant in regard to detention. 
81.  Interval between committal and trial. 
82.  Arrest by civil authorities. 
83.  Capture of deserters. 
84.  Inquiry into absence without leave. 
85.  Force Police Officers. 

CHAPTER VIII 

ASSAM RIFLES COURTS 

86.  Kinds of Assam Rifles Courts. 
87.  Power to convene a General Assam Rifles Court. 
88.  Power to convene a Petty Assam Rifles Court. 
89.  Contents of warrants issued under sections 87 and 88. 
90.  Composition of General Assam Rifles Court. 
91.  Composition of a Petty Assam Rifles Court. 
92.  Summary Assam Rifles Court. 
93.  Dissolution of an Assam Rifles Court. 
94.  Power of General Assam Rifles Court. 
95.  Power of a Petty Assam Rifles Court. 

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SECTIONS 

96.  Power of a Summary Assam Rifles Court. 
97.  Prohibition of second trial. 
98.  Period of limitation for trial. 
99.  Trial, etc., of offender who ceases to be subject to this Act. 
100. Application of this Act during term of sentence. 
101. Place of trial. 
102. Choice between criminal court and Assam Rifles Court. 
103. Power of criminal court to require delivery of offender. 

CHAPTER IX 

PROCEDURE OF ASSAM RIFLES COURTS 

104.  Presiding officer. 
105.  Law Officer. 
106.  Challenges. 
107.  Oath of member, Law Officer and witness. 
108.  Voting by members. 
109.  General rule as to evidence. 
110.  Judicial notice. 
111.  Summoning of witness. 
112.  Documents exempted from production. 
113.  Commission for examination of witness. 
114.  Examination of witness on commission. 
115.  Conviction of offences not charged. 
116.  Presumption as to signatures. 
117.  Enrolment paper. 
118.  Presumption as to certain documents. 
119.  Reference by accused to Government officer. 
120.  Evidence of previous convictions and general character. 
121.  Lunacy of accused. 
122.  Subsequent fitness of lunatic accused for trial. 
123.  Transmission to Central Government of orders under section 122. 
124.  Release of lunatic accused. 
125.  Delivery of lunatic accused to relatives. 
126.  Order for custody and disposal of property pending trial. 
127.  Order of disposal of property regarding which offences is committed. 
128.  Powers of Assam Rifles Court in relation to proceedings under this Act. 

CHAPTER X 
CONFIRMATION AND REVISION 

129. Finding and sentence not valid unless confirmed. 
130. Power to confirm finding and sentence of General Assam Rifles Court. 
131. Power to confirm finding and sentence of Petty Assam Rifles Court. 
132. Limitation of powers of confirming authority. 

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SECTIONS 

133.  Power of confirming authority to mitigate, remit or commute sentences. 
134.  Confirming of findings and sentences on board a ship. 
135.  Revision of finding or sentence. 
136.  Finding and sentence of a Summary Assam Rifles Court. 
137.  Transmission of proceedings of Summary Assam Rifles Court. 
138.  Alteration of finding or sentence in certain cases. 
139.  Remedy against order, finding or sentence of Assam Rifles Court. 
140.  Annulment of proceedings. 

CHAPTER XI 

EXECUTION OF SENTENCE, PARDON, REMISSION, ETC. 

141.  Form of sentence of death. 
142.  Commencement of sentence of imprisonment. 
143.  Execution of sentence of imprisonment. 
144.  Temporary custody of offender. 
145.  Execution of sentence of imprisonment in special cases. 
146.  Conveyance of prisoner form place to place. 
147.  Communication of certain orders to prison officers. 
148.  Execution of sentence of fine. 
149.  Informality or error in order or warrant. 
150.  Pardon and remission. 
151.  Cancellation of conditional pardon, release on parole or remission. 
152.  Suspension of sentence of imprisonment. 
153.  Orders pending suspension. 
154.  Release on suspension. 
155.  Computation of period of suspension. 
156.  Order after suspension. 
157.  Reconsideration of case after suspension. 
158.  Fresh sentence after suspension. 
159.  Scope of power of suspension. 
160.  Effect of suspension and remission on dismissal. 

CHAPTER XII 

MISCELLANEOUS 

161.  Disposal of property of the members of the Force. 
162.  Powers and duties conferrable and imposable on members of the Force. 
163.  Protection for acts of members of the Force. 
164.  Power of Central Government to remove difficulties. 
165.  Power to make rules. 
166.  Power to make regulations. 
167.  Rules and regulations to be laid before Parliament. 
168.  Repeal and savings. 

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THE ASSAM RIFLES ACT, 2006 

ACT NO. 47 OF 2006 

An  Act  to  consolidate  and  amend  the  law  relating  to  the  governance  of  the  Assam  Rifles,  an 
Armed  Force  of  the  Union  for  ensuring  the  security  of  the  borders  of  India,  to  carry  out 
Counter Insurgency Operations in the specified areas and to act in aid of civil authorities for 
the maintenance of the law and order and for matters connected therewith. 

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— 

[3rd November, 2006.] 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Assam Rifles Act, 2006. 
(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the 

Force during the period in which such person is attached to, or forms part of, a unit of the Force— 

(i)  which  is  engaged  in  operations  against  an  enemy  or  an  insurgent  or  a  terrorist  or  any 

person in arms against the Union, or 

(ii) which is operating at a picket or engaged on patrol or other guard duty along the borders 

of India, 

and  includes  duty  by  such  person  during  any  period  declared  by  the  Central  Government,  by 
notification in the Official Gazette, as a period of active duty with reference to any area in which or 
under any provision of this Act or for the purposes of any other law for the time being in force, any 
person or class of persons subject to this Act may be serving; 

(b) “Assam Rifles Court” means a Court referred to in section 86; 

(c) “battalion” means a unit of the Force constituted as battalion by the Central Government; 

(d) “Chief Law Officer” and “Law Officer” mean, respectively, the Chief Law Officer and a Law 

Officer of the Force appointed by the Central Government; 

(e) “civil offence” means as offence which is triable by a criminal court; 

(f) “civil prison” means any jail or place used for the detention of any criminal prisoner under the 

Prisons Act, 1894 (9 of 1894) or under any other law for the time being in force; 

(g)  “Commandant”,  when  used  in  any  provision  of  this  Act  with  reference  to  any  unit  of  the 
Force, means the officer whose duty it is under the rules or regulations or in the absence of such rules 
or  regulations,  by  custom  of  the  service,  to  discharge  with  respect  to  that  unit,  the  functions  of  a 
Commandant in regard to matters of the description referred to in that provision; 

(h) “criminal court” means a court of ordinary criminal justice in any part of India; 

(i) “deputation” means a period for which the services of a person belonging to any department of 

the Central Government are placed at the disposal of the Director-General; 

1. 20th February, 2009, vide notification No. S.O. 517(E), dated 20th February, 2009, see Gazette of India, Extraordinary, Part II 

sec.3(ii) 

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(j)  “Director-General”  and  “Additional  Director-General”  mean,  the  Director-General  and 
Additional  Director-General  of  the  Force  appointed  under  sub-sections  (1)  and  (2)  of  section  5, 
respectively; 

(k) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates, terrorists and any 

person in arms against whom it is the duty of any person subject to this Act to take action; 

(l) “enrolled person” means an under-officer or other person enrolled under this Act; 

(m) “Force” means the Assam Rifles; 

(n) “Force custody” means the arrest or confinement of a member of the Force according to rules 

and includes any military custody of such member under the Army Act, 1950 (46 of 1950); 

(o)  “Inspector-General”  and  “Deputy  Inspector-General”  mean,  respectively  the  Inspector-
General and the Deputy Inspector-General of the Force appointed under sub-section (2) of section 5; 

(p)  “member  of  the  Force”  means  an  officer,  a  subordinate  officer,  an  under-officer  or  other 

enrolled person and includes the persons on deputation; 

(q) “notification” means a notification published in the Official Gazette; 

(r) “offence” means any act or omission punishable under this Act and includes a civil offence; 

(s) “officer” means a person appointed or in pay as an officer of the Force; but does not include a 

subordinate officer or an under-officer; 

(t) “prescribed” means prescribed by rules made under this Act; 

(u) “regulations” means the regulations made by the Central Government under this Act; 

(v) “rule” means a rule made under this Act; 

(w) “subordinate officer” means a person appointed or in pay as a Subedar Major, a Subedar or a 

Naib Subedar of the Force; 

(x) “superior officer”, when used in relation to a person subject to this Act, means— 

(i) any member of the Force or a person on deputation to whose command such person is for 

the time being subject in accordance with the rules; 

(ii) any officer of higher rank or class or of a higher grade in the same class, 

and includes when such person is not an officer, a subordinate officer or an under-officer of higher 
rank, class or grade; 

(y)  “terrorist”  means  any  person  who,  with  intent  to  overawe  the  Government  as  by  law 
established or to strike terror in the people or any section of the people or to alienate any section of 
the people or to adversely affect the harmony amongst different sections of the people, does any act 
or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-
arms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances 
(whether biological or otherwise) of a hazardous nature in such a manner, as to cause or is likely to 
cause  death  of,  or  injury  to,  any  person  or  persons,  or  damage  to,  or  destruction  of,  property  or 
disruption of any supplies or services essential to the life of the community; 

(z) “under-officer” means a Warrant Officer, Havildar, Naik and Lance Naik of the Force; 

(za) “unit” means any— 

(i) battalion; or 

(ii) regiment; or 

(iii) training institution; or 

(iv) Head Quarters of Deputy Inspector-General; or 

(v) Head Quarters of Inspector-General; or 

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(vi) Head Quarters of Director-General, 

of the Force and includes any other formation of the Force specified, by notification by the Central 
Government. 

(2) Words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 

of 1860) shall have the meanings assigned to them in that Code. 

(3)  In  this  Act,  reference  to  any  law  not  in  force  in  the  State  of  Jammu  and  Kashmir  shall  be 

construed as references to the corresponding law in force in that State. 

3.  Persons  subject  to  this  Act.—(1)  The  following  persons  (whether  on  deputation  or  otherwise 

employed) shall be subject to this Act, wherever they may be, namely:— 

(a) officers and subordinate officers; and 

(b) under-officers and other persons enrolled under this Act. 

(2) Members of the Force in existence at the commencement of this Act shall be deemed to have been 

appointed or, as the case may be, enrolled as such under this Act. 

(3) Notwithstanding anything contained in sub-section (1), any person who is employed in the Force 
on deputation from the regular Army as defined under clause (xxi) of section 3 of the Army Act, 1950 (46 
of 1950) shall not be subject to this Act and shall, during the period of such deputation, be deemed to be 
subject to the Army Act, 1950: 

Provided  that  such  person  in  regard  to  his  duties  and  discipline  shall  be  deemed  to  be  under  the 

command of the member of the Force under whose command such person for the time being is placed: 

Provided  further  that,  in  case  of  such  person,  for  the  purposes  of  his  duties  and  discipline,  the 
expression “active duty” defined in clause (a) of sub-section (1) of section 2 shall be deemed to be the 
“active service” as defined in clause (i) of section 3 of the Army Act, 1950 (46 of 1950) for taking any 
action against him under the provisions of the said Army Act, 

(4) Any person who is not subject to this Act is posted for any service with the members of the Force 
or engaged to accompany with or to provide any service in any manner to the members of the  Force in 
such— 

(i) camp; 

(ii) line of march; 

(iii) frontier post; 

(iv) active duty ;or 

(v) counter insurgency operations, 

as may be specified, by notification, by the Central Government in this behalf shall be deemed to be a 
member of the Force, till he is so posted or engaged in such corresponding rank as may be determined, by 
notification, by the Central Government for the purposes of this Act. 

(5)  Every  person  subject  to  this  Act  shall  remain  so  subject  until  retired,  discharged,  released, 

removed or dismissed from the Force in accordance with the provisions of this Act and the rules. 

CHAPTER II 

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE 

4. Constitution of Force.—(1) There shall be an armed force of the Union called the Assam Rifles 
for  ensuring  the  security  of  the  borders  of  India,  to  carry  out  counter  insurgency  operations  in  the 
specified areas and to act in aid of civil authorities for the maintenance of law and order and the matters 
connected therewith. 

(2) Subject to the provisions of this Act, the Force shall be reconstituted in such manner as may be 

prescribed and the conditions of service of the members of the Force shall be such as may be prescribed. 

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5. Control, direction, etc.—(1) The general superintendence, direction and control of the Force shall 
vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act 
and  the  rules  and  regulations,  the  command  and  supervision  of  the  Force  shall  vest  in  an  officer  to  be 
appointed by the Central Government as the Director-General of the Force. 

(2)  The  Director-General  shall,  in  the  discharge  of  his  duties  under  this  Act,  be  assisted  by  such 
number  of  Additional  Director-General,  Inspectors-General,  Deputy  Inspectors-General,  Commandants 
and other officers as may be appointed by the Central Government. 

6. Enrolment.—(1) The persons to be enrolled to the Force, the mode of enrolment and the procedure 

for enrolment shall be such as may be prescribed by the Central Government. 

(2) Notwithstanding anything contained in this Act and the rules and regulations,  every person who 
has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act 
and borne on the rolls of the Force shall be deemed to have been duly enrolled. 

(3) No person who is not a citizen of India shall,  except by the consent of the Central Government 

signified in writing, be enrolled in the Force. 

7. Liability for service outside India.—Every member of the Force shall be liable to serve in any 

part of India as well as outside India. 

8. Resignation and withdrawal from the post.—No member of the Force shall be at liberty— 

(a) to resign his appointment during the term of his engagement ;or 

(b) to withdraw himself from all or any of the duties of his appointment, 

except with the previous permission in writing of the prescribed authority. 

9. Tenure of service under the Act.—Every person subject to this Act shall hold office during the 

pleasure of the President. 

10. Termination of service by Central Government.—Subject to the provisions of this Act and the 
rules and regulations, the Central Government may dismiss or remove from the service any person subject 
to this Act. 

11.  Dismissal,  removal  or  reduction  by  Director-General  and  by  other  officers.—(1)  The 
Director-General,  Additional  Director-General  or  any  Inspector-General  may  dismiss  or  remove  from 
service or reduce to a lower grade or rank or the ranks any person subject to this Act other than an officer. 

(2)  An  officer  not  below  the  rank  of  Deputy  Inspector-General  may  dismiss  or  remove  from  the 
service any person under his command other than an officer or a subordinate officer of such rank or the 
ranks as may be prescribed. 

(3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the 

ranks any person under his command except an officer or a subordinate officer. 

(4) The exercise of any power under this section shall be subject to the provisions of this Act and the 

rules and regulations. 

12.  Certificate  of  termination  of  service.—A  subordinate  officer  or  an  under-officer  or  other 
enrolled person who is retired, discharged, released, removed or dismissed from service shall be furnished 
by the officer, to whose command he is subject, with a certificate in the language which is the mother-
tongue of such person and also in Hindi and English language setting forth— 

(a) the authority terminating his service; 

(b) the cause for such termination; and 

(c) the full period of his service in the Force. 

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13. Restrictions on right to form association, freedom of speech, etc.—(1) No person subject to 
this  Act shall,  without the previous sanction  in  writing  of  the  Central  Government  or of the  prescribed 
authority,— 

(a)  be  a  member  of,  or  be  associated  in  any  way  with,  any  trade  union,  labour  union,  political 

association or with any class of trade unions, labour unions or political associations; or 

(b)  be  a  member  of,  or  be  associated  in  any  way  with,  any  society,  institution,  association  or 
organisation  that  is  not  recognised  as  part  of  the  Force  or  is  not  of  a  purely  social,  recreational  or 
religious nature ; or 

(c)  communicate  with  the  press  or  publish  or  cause  to  be  published  any  book,  letter  or  other 
document except where such communication or publication is in the bona fide discharge of his duties 
or is of a purely literary, artistic or scientific character or is of a prescribed nature. 

Explanation.—If any question arises as to whether any society, institution, association or organisation 
is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of 
the Central Government thereon shall be final. 

(2)  No  person  subject  to  this  Act  shall  participate  in,  or  address,  any  meeting  or  take  part  in  any 
demonstration organised by any body or persons for any political purposes or for such other purposes as 
may be prescribed. 

CHAPTER III 

SERVICE PRIVILEGES 

14. Authorised deduction only to be made from pay.—The pay of every person subject to this Act 
due to him as such under any rules or regulations for the time being in force shall be paid  without any 
deduction other than the deductions authorised by or under this Act or any other Act. 

15.  Remady  of  aggrieved  persons  other  than  officers.—(1)  Any  person  subject  to  this  Act  other 
than an  officer  who  deems  himself  wronged  by  any  officer  or  subordinate  officer  may  complain  to the 
officer under whose command or orders he is serving. 

(2)  when  the  officer  complained  against  is  the  officer  to  whom  any  complaint  should,  under  

sub-section (1), be preferred, the aggrieved person may complain to such officer's next superior officer. 

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may 
be possible for giving full redress to the complainant; or when necessary, refer the complaint to superior 
authority. 

(4) Every such complaint shall be preferred in such manner as may, from time to time, be specified by 

the Director-General. 

(5) The Central Government may revise any decision by the Director-General under sub-section (2), 

but, subject thereto, the decision of the Director-General shall be final. 

16. Remedy of aggrieved officers.—Any officer who deems himself wronged by his Commandant 
or any superior officer and who on due application made to his Commandant or such superior officer does 
not receive the redress to which he considers himself entitled, may complain to the Central Government 
in such manner as may, from time to time, be specified by the Director-General. 

17.  Immunity  from  attachment.—Neither  the  arms,  clothes,  equipment,  accoutrements  or 
necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty 
shall be seized, nor shall, the pay and allowances of any such person or any part thereof, be attached by 
direction  of  any  civil  or  revenue  court  or  any  revenue  officer  in  satisfaction  of  any  decree  or  order 
enforceable against him. 

18. Immunity from arrest for debt.— (1) No person subject to this Act shall, so long as he belongs 
to the Force, be liable to be arrested for debt under any process issued by, or by the authority of, any civil 
or revenue court or revenue officer, except with the prior consent of the Central Government. 

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(2) The Judge of any such court or the said officer may examine into any complaint made by such 
person or his superior officer of the arrest of such person contrary to the provisions of this section and 
may,  by  warrant  under  his  hand,  discharge  the  person,  and  award  reasonable  costs  to  the  complainant, 
who may recover those costs in like manner as he might have recovered costs awarded to him by a decree 
against the person obtaining the process. 

(3) For the recovery of such costs no court-fee shall be payable by the complainant. 

19. Immunity of persons attending Assam Rifles Court from arrest.—(1) No Presiding Officer or 
member of an Assam Rifles Court, no Law Officer, no party to any proceeding before an Assam Rifles 
Court,  or  his legal  practitioner  or agent  and  no  witness  acting  in  obedience to a  summons  to  attend  an 
Assam  Rifles  Court  shall, while proceeding  to,  attending  or  returning  from,  an  Assam  Rifles  Court,  be 
liable to arrest under civil or revenue process. 

(2)  If  any  such  person  is  arrested  under  any  such  process,  he  may  be  discharged  by  order  of  the 

Assam Rifles Court. 

20. Savings of rights and privileges under other laws.—The rights and privileges specified in the 
preceding section of this Chapter shall be in addition to, and not in derogation of, any other rights and 
privileges conferred on persons subject to this Act generally by any other law for the time being in force. 

CHAPTER IV 

OFFENCES 

21. Offences in relation to the enemy and punishable with death.—Any person subject to this Act 

who commits any of the following offences, that is to say,— 

(a)  shamefully  abandons  or  delivers  up  any  post,  place  or  guard,  committed  to  his  charge  or 

which it is his duty to defend; or 

(b) intentionally uses any means to compel or induce any person subject to this Act or to army, 
naval, air force law or any member of other armed forces to abstain from acting against the enemy or 
to discourage such person from acting against the enemy; or 

(c) in the presence of enemy, shamefully casts away his arms, ammunition, tools or equipment or 

misbehaves in such manner as to show cowardice; or 

(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any 

person in arms against the Union; or 

(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in 

any other manner whatsoever; or 

(f) in time of active operation against the enemy intentionally occasions a false alarm in action, 
camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or 

(g) in time of action leaves his Commandant or other superior officer or his post, guard, picket, 

patrol or party wihout being regularly relieved or without leave; or 

(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids 

the enemy; or 

(i) knowingly harbours or protects an enemy not being a prisoner; or 

(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is 

intoxicated; or 

(k) knowingly does any act calculated to imperil the success of the Force or the army, naval, air 
forces of India or any other armed forces of the Central Government co-operating therewith or any 
part of such forces, 

shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in 
this Act mentioned. 

11 

 
22. Offences in relation to the enemy and not punishable with death.—Any person subject to this 

Act who commits any of the following offences, that is to say,— 

(a)  is  taken  prisoner  or  captured  by  the  enemy,  by  want  of  due  precaution  or  through 
disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to 
rejoin his service when able to do so; or 

(b) without due authority holds correspondence with, or communicates intelligence to, the enemy 
or  any  person  in  league  with  the  enemy  or  having  come  by  the  knowledge  of  any  such 
correspondence or communication, wilfully omits to discover it immediately to his Commandant or 
other superior officer, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to fourteen years or such less punishment as is in this Act mentioned. 

23. Offences punishable more severely on active duty than at other times.—Any person subject to 

this Act who commits any of the following offences, that is to say,— 

(a) forces a safeguard or forces or uses criminal force to a sentry; or 

(b) breaks into any house or other place in search of plunder; or 

(c) being a sentry, sleeps upon his post or is intoxicated; or 

(d) without orders from his superior officer, leaves his guard, picket, patrol or posts; or 

(e)  intentionally  or  through  neglect  occasions  a  false  alarm  in  camp  or  quarters,  or  spreads  or 

causes to be spread reports calculated to create unnecessary alarm or despondency; or 

(f) makes known the parole, watchword or countersign to any person not entitled to receive it ;or 

(g) knowingly gives a parole, watchword or countersign different from what he received, 

shall, on conviction by an Assam Rifles Court,— 

(A) if he commits any such offence when on active duty, be liable to suffer imprisonment for a 

term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

 (B) if he commits any such offence when not on active duty, be liable to suffer imprisonment for 

a term which may extend to seven years or such less punishment as is in this Act mentioned. 

24. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or 

in the army, naval or air forces of India or any forces co-operating therewith; or 

(b) joins in any such mutiny; or 

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention 
to  mutiny  or  of  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
Commandant or other superior officer; or 

(e) endeavours to seduce any person in the Force or in the army, naval or air forces of India or 

any forces cooperating therewith from his duty or allegiance to the Union, 

shall, on conviction by an Assam Rifles Court, be liable to suffer death or such less punishment as is in 
this Act mentioned. 

25. Desertion and aiding desertion.—(1) Any person subject to this Act who deserts or attempts to 

desert the service shall, on conviction by an Assam Rifles Court,— 

(a) if he commits the offence when on active duty or when under orders for active duty, be liable 

to suffer death or such less punishment as is in this Act mentioned; and 

12 

 
(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for 

a term which may extend to seven years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by 
an Assam Rifles Court, be liable to suffer imprisonment for a term which may extend to seven years or 
such less punishment as is in this Act mentioned. 

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a 
person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take 
any steps in his power to cause such person to be apprehended, shall, on conviction by an Assam Rifles 
Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment 
as is in this Act mentioned. 

26.  Absence  without  leave.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) absents himself without leave; or 

(b) without sufficient cause, overstays leave granted to him; or 

(c) being on leave of absence and having received information from the appropriate authority that 
any battalion or part thereof or any other unit of the Force, to which he belongs, has been ordered on 
active duty, fails, without sufficient cause, to rejoin without delay; or 

(d) without sufficient cause, fails to appear at the time fixed at the parade or place appointed for 

exercise or duty; or 

(e) when on parade, or on the line of march, without sufficient cause or without leave from his 

superior officer, quits the parade or line of march ; or 

(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by 

any general, local or other order, without a pass or written leave from his superior officer; or 

(g) without leave from his superior officer or without due cause, absents himself from any school 
when duly ordered to attend there, shall, on conviction by an Assam Rifles Court, be liable to suffer 
imprisonment for a term which may extend to three years or such less punishment as is in this Act 
mentioned. 

27. Striking or threatening superior officers.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer, 

shall, on conviction by an Assam Rifles Court,— 

(A) if such officer is at the time in the execution of his office or, if the offence is committed on 
active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such 
less punishment as is in this Act mentioned; and 

(B) in other cases, be liable to suffer imprisonment for a term which may extend to ten years or 

such less punishment as is in this Act mentioned: 

Provided that in the case of an offence specified in clause (c), the imprisonment shall not exceed five 

years. 

28.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys,  in  such 
manner as to show a wilful defiance of authority, any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally,  or  in  writing  or  by  signal  or 
otherwise,  shall,  on  conviction  by  an  Assam  Rifles  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to fourteen years or such less punishment as is in this Act mentioned. 

13 

 
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer 

shall, on conviction by an Assam Rifles Court,— 

(a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term 

which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a 

term which may extend to five years or such less punishment as is in this Act mentioned. 

29.  Insubordination  and  obstruction.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a)  being  concerned  in  any  quarrel,  affray  or  disorder,  refuses  to  obey  any  officer,  though  of 

inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or 

(b)  uses  criminal  force  to,  or  assaults  any  person,  whether  subject  to  this  Act  or  not,  in  whose 

custody he is lawfully placed, and whether he is or is not his superior officer; or 

(c) resists an escort whose duty it is to apprehend him or to have him in charge; or 

(d) breaks out of barracks, camp or quarters; or 

(e) neglects to obey any general, local or other order ;or 

(f) impedes the Force Police referred to in section 85 or any person lawfully acting on its behalf, 
or  when  called  upon,  refuses  to  assist  in  the  execution  of  his  duty  a  Force  Police  or  any  person 
lawfully acting on his behalf, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend, in the case of the offences specified in clauses (d) and (e), to two years, and in the case of the 
offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act 
mentioned. 

30. Fraudulent enrolment.—Any person subject to this Act who knowingly attempts to get enrolled 
or  enrolls  any  other  person  who  does  not  fulfil  the  conditions  enabling  him  to  be  enrolled,  shall,  on 
conviction by the Assam Rifles Court, be liable to suffer imprisonment for a term which may extend to 
five years or such less punishment as is in this Act mentioned. 

31. False answers on enrolment.—Any person having become subject to this Act who is discovered 
to have made at the time of enrolment a wilfully false answer to any question set-forth in the prescribed 
form  of  enrolment  which has  been  put to  him  by  the  enrolling  officer  before  whom  he  appears  for the 
purpose of being enrolled, shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment 
for a term which may extend to five years or such less punishment as is in this Act mentioned. 

32.  Unbecoming  conduct.—Any  officer,  subordinate  officer  or  an  under-officer  who  behaves  in  a 
manner  unbecoming  his  position  and  the  character  expected  of  him  shall,  on  conviction  by  an  Assam 
Rifles Court, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned. 

33. Certain forms of disgraceful conduct.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or 

(b) malingers, or feigns or produces disease or infirmity in himself or intentionally delays his cure 

or aggravates his disease or infirmity; or 

(c) with intent to render himself or any other person unfit for service,  voluntarily causes hurt to 

himself or that person, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to seven years or such less punishment as is in this Act mentioned. 

34.  Ill-treating  a  subordinate.—Any  officer,  subordinate  officer  or  an  under-officer  who  uses 
criminal force to or  otherwise ill-treats any  person  subject  to  this  Act,  being  his  subordinate  in  rank  or 

14 

 
position, shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term which 
may extend to seven years or such less punishment as is in this Act mentioned. 

35. Intoxication.—Any person subject to this Act who is found in a state of intoxication whether on 
duty or not, shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term 
which may extend to six months or such less punishment as is in this Act mentioned. 

36. Permitting escape of person in custody.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) when in command of guard, picket, patrol or post, releases without proper authority, whether 
wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any 
prisoner or person so committed; or 

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his 

charge, or whom it is his duty to keep or guard, 

shall, on conviction by an Assam Rifles Court, be liable, if he has acted wilfully, to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he 
has  not  acted  wilfully,  to  suffer  imprisonment  for  a  term  which  may  extend  to  two  years  or  such  less 
punishment as is in this Act mentioned. 

37. Irregularity in connection with arrest or confinement.—Any person subject to this Act who 

commits any of the following offences, that is to say,— 

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails 

to bring his case before the proper authority for investigation; or 

(b) having committed a person to Force custody fails without reasonable cause to deliver at the 
time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, 
to  the  officer  or  other  person  into  whose  custody  the  person  arrested  is  committed,  an  account  in 
writing signed by himself of the offence with which the person so committed is charged, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to one year or such less punishment as is in this Act mentioned. 

38. Escape from custody.—Any person subject to this Act who, being in lawful custody, escapes or 
attempts to escape, shall on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a 
term which may extend to three years or such less punishment as is in this Act mentioned. 

39.  Offences  in  respect  of  property.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) commits theft of any property belonging to the Government, or to any Force mess, band, or 

institution, or to any person subject to this Act; or 

(b) dishonestly misappropriates or converts to his own use any such property; or 

(c) commits criminal breach of trust in respect of any such property; or 

(d) dishonestly receives or retains any such property in respect of which any of the offences under 
clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of 
such offence; or 

(e) wilfully destroys or injures any property of the Government entrusted to him; or 

(f)  does  any  other  thing  with  intent  to  defraud,  or  to  cause  wrongful  gain  to  one  person  or 

wrongful loss to another person, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to ten years or such less punishment as is in this Act mentioned. 

15 

 
 
40. Extortion and corruption.—Any person subject to this Act who commits any of the following 

offences, that is to say,— 

(a) commits extortion; or 

(b) without proper authority extracts from any person money, provisions or service, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to ten years or such less punishment as is in this Act mentioned. 

41.  Making  away  with  equipment.—Any  person  subject  to  this  Act  who  commits  any  of  the 

following offences, that is to say,— 

(a) makes away with, or is concerned in making away with any arms, ammunition, equipment, 
instruments, tools, clothing or any other thing being the property of the Government issued to him for 
his use or entrusted to him; or 

(b) loses by neglect anything mentioned in clause (a); or 

(c) sells, pawns, destroys or defaces any medal or decoration granted to him, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend,  in the case  of the offences  specified  in clause  (a), to ten  years,  and in the  case  of  the  offences 
specified  in  the  other  clauses,  to  five  years,  or  in  either  case  such  less  punishment  as  is  in  this  Act 
mentioned. 

42. Injury to property.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a)  destroys  or  injures  any  property  mentioned  in  clause  (a)  of  section  41  or  any  property 

belonging to any Force mess, band or institution, or to any person subject to this Act; or 

(b) commits any act which causes damage to, or destruction of, any property of the Government 

by fire; or 

(c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him, 

shall, on conviction by an Assam Rifles Court, be liable, if he has acted wilfully, to suffer imprisonment 
for a term which may extend to ten years or such less punishment as is in this Act  mentioned; and if he 
has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or 
such less punishment as is in this Act mentioned. 

43. False accusations.—Any person subject to this Act who commits any of the following offences, 

that is to say,— 

(a) makes a false accusation against any person subject to this Act, knowing or having reason to 

believe such accusation to be false; or 

(b) in making complaint against any person subject to this Act, makes any statement affecting the 
character  of  such  person,  knowing  or  having  reason  to  believe  such  statement  to  be  false,  or 
knowingly and wilfully suppresses any material facts, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to three years or such less punishment as is in this Act mentioned. 

44.  Falsifying  official  document  and  false  declarations.—Any  person  subject  to  this  Act  who 

commits any of the following offences, that is to say,— 

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the 
contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making 
of, any false or fraudulent statement; or 

(b) in any document of the description mentioned in clause (a), knowingly makes, or is privy to 

the making of, any omission, with intent to defraud; or 

16 

 
(c)  knowingly  and  with  intent  to  injure  any  person  or  knowingly  and  with  intent  to  defraud, 
suppresses,  defaces,  alters  or  makes  away  with  any  document  which  it  is  his  duty  to  preserve  or 
produce; or 

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a 

false declaration; or 

(e)  obtains  for  himself,  or  for  any  other  person,  any  pension,  allowance  or  other  advantage  or 
privilege by a statement which is false, and which he either knows or believes to be false or does not 
believe  to  be  true,  or  by  making  or  using  false  entry  in  any  book  or  record,  or  by  making  any 
document containing a false statement, or by omitting to make a true entry or document containing a 
true statement, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to ten years or such less punishment as is in this Act mentioned. 

45. Signing in blank and failure to report.—Any person subject to this Act who commits any of the 

following offences, that is to say,— 

(a) when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies 
or stores, or any property of the Government fraudulently leaves in blank any material part for which 
his signature is a voucher; or 

(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to 

make or send, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to three years or such less punishment as is in this Act mentioned. 

46. Offences relating to Assam Rifles Court.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) being duly summoned or ordered to attend as a witness before an Assam Rifles Court, wilfully 

or without reasonable excuse, makes default in attending; or 

(b) refuses to take an oath or make an affirmation legally required by an Assam Rifles Court to be 

taken or made; or 

(c)  refuses  to  produce  or  deliver  any  document  in  his  power  or  control  legally  required  by  an 

Assam Rifles Court to be produced or delivered by him; or 

(d) refuses, when a witness, to answer any question which he is by law bound to answer; or 

(e) is guilty of contempt of the Assam Rifles Court by using insulting or threatening language, or 

by causing any interruption or disturbance in the proceedings of such Court, 

shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer  imprisonment  for  a  term  which  may 
extend to three years or such less punishment as is in this Act mentioned. 

47. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before 
any  Assam  Rifles  Court  or  other  court  competent  under  this  Act  to  administer  an  oath  or  affirmation, 
makes any statement which is false, and which he either knows or believes to be false or does not believe 
to  be  true,  shall,  on  conviction  by  an  Assam  Rifles  Court,  be  liable  to  suffer  imprisonment  for  a  term 
which may extend to seven years or such less punishment as is in this Act mentioned. 

48.  Unlawful  detention  of  pay.—Any  officer,  subordinate  officer  or  an  under-officer  who,  having 
received the pay of a person subject to this Act, unlawfully detains or refuses to pay the same when due, 
shall,  on  conviction  by  an  Assam  Rifles  Court,  be liable  to suffer imprisonment  for  a  term  which  may 
extend to five years or such less punishment as is in this Act mentioned. 

49. Violation of good order and discipline.—Any person subject to this Act who is guilty of any act 
or  omission  which,  though  not  specified  in  this  Act,  is  prejudicial  to  good  order  and  discipline  of  the 
Force shall, on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term which 
may extend to seven years or such less punishment as is in this Act mentioned. 

17 

 
50.  Miscellaneous  offences.—Any  person  subject  to  this  Act  who  commits  any  of  the  following 

offences, that is to say,— 

(a) being in command at any post or on the march, and receiving a complaint that anyone under 
his command has beaten or otherwise mal-treated or oppressed any person, or has disturbed any fair 
or market, or committed any riot or trespass, fails to have due reparation made to the injured person 
or to report the case to the proper authority; or 

(b) by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the 

religious feelings of any person; or 

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such 

offence; or 

(d) being below the rank of subordinate officer, when off duty, appears without proper authority, 
in or about camp, or when going, to, or returning from, any town or bazaar, carrying a rifle, sword or 
other offensive weapons; or 

(e) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself 
or for any other person, any gratification as a motive or reward for procuring the enrolment of any 
person  or  leave  of  absence,  promotion  or  any  other  advantage  or  indulgence  for  any  person  in  the 
service; or 

(f)  commits  any  offence  against  the  property  or  person  of  any  inhabitant  of,  or  resident  in,  the 

country in which he is serving,  

shall, on conviction by an Assam, Rifles Court, be liable to suffer imprisonment for a term which may 
extend to seven years or such less punishment as is in this Act mentioned. 

51. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified 
in  sections  21  to  50  (both  inclusive)  and  in  such  attempt  does  any  act  towards  the  commission  of  the 
offence shall, on conviction by an Assam Rifles Court, where no express provision is made by this Act 
for the punishment of such attempt, be liable,— 

(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for 

a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and 

(b)  if  the  offence  attempted  to  be  committed  is  punishable  with  imprisonment  to  suffer 
imprisonment for a term which may extend to one-half of the longest term provided for that offence 
or such less punishment as is in this Act mentioned. 

52. Abetment of offences that have been committed.—Any person subject to this Act who abets the 
commission of any of the offences specified in sections 21 to 50 (both inclusive) shall, on conviction by 
an Assam Rifles Court, if the Act abetted is committed in consequence of the abetment and no express 
provision  is  made  by  this  Act  for  the  punishment  of  such  abetment,  be  liable  to  suffer  the  punishment 
provided for that offence or such less punishment as is in this Act mentioned. 

53. Abetment of offences punishable with death and not committed.—Any person subject to this 
Act  who  abets the  commission of any  of  the  offences  punishable  with  death under  sections  21,  24  and 
clause (a) of sub-section (1) of section 25 shall, on conviction by an Assam Rifles Court, if that offence, 
be not committed in consequence of the abetment, and no express provision is made by this Act for the 
punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen 
years of such less punishment as is in this Act mentioned. 

54.  Abetment  of  offences  punishable  with  imprisonment  and  not  committed.—Any  person 
subject to this Act who abets the commission of any of the offences specified in sections 21 to 50 (both 
inclusive)  and  punishable  with  imprisonment  shall,  on  conviction  by  an  Assam  Rifles  Court,  if  that 
offence, be not committed in consequence of the abetment, and no express provision is made by this Act 
for  the  punishment  of  such  abetment,  be liable  to  suffer  imprisonment  for  a term  which  may  extend to 
one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned. 

18 

 
55. Civil offences.—Subject to the provisions of section 56, any person subject to this Act who at any 
place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against 
this Act and, if charged therewith under this section, shall be liable to be tried by an Assam Rifles Court 
and, on conviction, be punishable as follows, that is to say,— 

(a) if the offence is one which would be punishable under any law in force in India with death, he 
shall be liable to suffer any punishment assigned for the offence, by the aforesaid law and such less 
punishment as is in this Act mentioned; and 

(b) in any other case, he shall be liable to suffer any punishment assigned for the offence by the 
law  in  force  in  India,  or  imprisonment  for  a  term  which  may  extend  to  seven  years,  or  such  less 
punishment as in this Act mentioned. 

56.  Civil  offences  not  triable  by  an  Assam  Rifles  Court.—A  person  subject  to  this  Act  who 
commits  an  offence  of  murder  or  of  culpable  homicide  not  amounting  to  murder  against,  or  of  rape  in 
relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act 
and shall not be tried by an Assam Rifles Court, unless he commits any of the said offences,— 

(a) while on active duty; or 

(b) at any place outside India; or 

(c) at any place specified by the Central Government, by notification in this behalf. 

CHAPTER V 

PUNISHMENTS 

57. Punishment awardable by Assam Rifles Courts.—(1) Punishments may be inflicted in respect 
of offences committed by persons subject to this Act and convicted by the Assam Riles Courts, according 
to the scale following, that is to say,— 

(a) death; 

(b)  imprisonment  which  may  be  for  the  term  of  life  or  any  other  lesser  term  but  excluding 

imprisonment for a term not exceeding three months in Force custody; 

(c) dismissal from the service; 

(d) compulsory retirement from service; 

(e)  imprisonment  for  a  term  not  exceeding  three  months  in  Force  custody  except  in  case  of 

officers and subordinate officers; 

(f) reduction to the ranks or to a lower rank or grade or place in the list of their rank in the case of 

an under-officer; 

(g) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of 

promotion; 

(h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; 

(i) fine; 

(j)  severe  reprimand  or  reprimand  except  in  the  case  of  persons  below  the  rank  of  an  under-

officer; 

(k)  forfeiture  of  pay  and  allowances  for  a  period  not  exceeding  three  months  for  an  offence 

committed on active duty; 

(l) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and 

allowances and other public money due to him at the time of such dismissal; 

(m) stoppage of pay and allowances until any proved loss or damage occasioned by the offence 

for which he is convicted is made good. 

19 

 
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to 

every punishment preceding it in the above scale. 

58.  Alternative  punishments  awardable  by  Assam  Rifles  Courts.—Subject  to  the  provisions  of 
this Act, an Assam Rifles Court may, on convicting a person subject to this Act of any of the offences 
specified  in  sections  21  to  54  (both  inclusive)  award  either  the  particular  punishment  with  which  the 
offence is stated in the said sections to be punishable or, in lieu thereof, any of the punishments lower in 
the scale set out in section 57 regard being had to the nature and degree of the offence. 

59. Combination of punishments.—A sentence of an Assam Rifles Court may award in addition to, 
or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 
57,  and  any  one  more  of  the  punishments  specified  in  clauses  (f)  to  (m)  (both  inclusive)  of  that  
sub-section. 

60.  Retention  in  the  Force  of  a  person  convicted  on  active  duty.—When  on  active  duty,  any 
enrolled person has been sentenced by an Assam Rifles Court to dismissal or to imprisonment whether 
combined  with  dismissal  or  not,  the  prescribed  officer  may  direct  that  such  person  may  be  retained  to 
serve in the ranks, and such service shall be reckoned as part of his term of imprisonment, if any. 

61. Punishments otherwise than by Assam Rifles Courts.—Punishments may also be inflicted in 
respect of offences committed by persons subject to this Act without the intervention of an Assam Rifles 
Court in the manner stated in sections 62, 64, 65 and 66. 

62.  Minor  punishments.—Subject  to  the  provisions  of  section  63,  a  Commandant  or  such  other 
officer as is, with the consent of the Central Government, specified by the Director-General may, in the 
prescribed  manner,  proceed  against  a  person  subject  to  this  Act,  otherwise  than  as  an  officer  or  a 
subordinate officer or a Warrant Officer who is charged with an offence under this Act and award such 
person to the extent prescribed, one or more of the following punishments, that is to say,— 

(a) imprisonment in Force custody up to twenty-eight days; 

(b) detention up to twenty-eight days; 

(c) confinement to the lines up to twenty-eight days; 

(d) extra guards or duties; 

(e) deprivation of any special position or special emoluments or any acting rank or reduction to a 

lower grade of pay; 

(f) forfeiture of good service and good conduct pay; 

(g) severe reprimand or reprimand; 

(h) fine up to fourteen day's pay in any one month; 

(i) deduction from his pay and allowances of any sum required to make good such compensation 
for  any  expense,  loss,  damage  or  destruction  caused  by  him  to  the  Central  Government,  or  any 
building or property as may be awarded by his Commandant. 

63.  Limit  of  punishments  under  section  62.—(1)  In  the  case  of  an  award  of  two  or  more  of  the 
punishments specified in clauses (a), (b), (c) and (d) of section 62, the punishments specified in clause (c) 
or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b). 

(2) When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to 
a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of 
the punishments shall not exceed in the aggregate forty-two days. 

(3) The punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person 
who  is  of  the  rank  of  an  under-officer  or  was  at  the  time  of  committing  the  offence  for  which  he  is 
punished of such rank. 

(4) The punishments specified in clause (g) of section 62 shall not be awarded to any person below 

the rank of an under-officer. 

20 

 
 
64.  Punishment  of  officers  below  the  rank  of  Deputy  Commandant,  subordinate  officers  and 
Warrant Officer by Deputy Inspectors-General and others.—(1) An officer not below the rank of the 
Deputy  Inspector-General  or  such  other  officer  as  is,  with  the  consent  of  the  Central  Government, 
specified  by  the  Director-General  may,  in  the  prescribed  manner,  proceed  against  an  officer  below  the 
rank of a Deputy Commandant and of any rank of subordinate officer and of the rank of Warrant Officer 
who is charged with an offence under this Act and award one or more of the following punishments, that 
is to say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length 
of  service,  forfeiture  of  service  for  the  purpose  of  promotion  for  a  period  not  exceeding  twelve 
months, but subject to the right of the accused previous to the award to elect to be tried by an Assam 
Rifles Court; 

(b) severe reprimand or reprimand; 

(c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good. 

(2) In every case in which punishment has been awarded under sub-section (1), certified true copies 
of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment 
to  the  prescribed  superior  authority  who  may,  if  the  punishment  awarded,  appears  to  him  to  be  illegal, 
unjust  or  excessive,  cancel,  vary  or  remit  the  punishment  and  make  such  other  direction  as  may  be 
appropriate in the circumstances of the case. 

65. Punishment of officers below the rank of a Commandant, subordinate officers and Warrant 
Officer  by  the  Inspectors-General  and  others.—(1)  An  officer  not  below  the  rank  of  the  Inspector-
General or such other officer as is, with the consent of the Central Government, specified by the Director-
General may, in the prescribed manner, proceed against an officer below the rank of a Commandant and 
any subordinate officer and a Warrant Officer who is charged with an offence under this  Act and award 
one or more of the following punishment, that is to say,— 

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length 
of  service,  forfeiture  of  service  for  the  purpose  of  promotion  for  a  period  not  exceeding  twelve 
months, but subject to the right of the accused previous to the award to elect to be tried by an Assam 
Rifles Court; 

(b) severe reprimand or reprimand; 

(c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good. 

(2) In every case in which punishment has been awarded under sub-section (1), certified true copies 
of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment 
to  the  prescribed  superior  authority  who  may,  if  the  punishment  awarded  appears  to  him  to  be  illegal, 
unjust  or  excessive,  cancel,  vary  or  remit  the  punishment  and  make  such  other  direction  as  may  be 
appropriate in the circumstances of the case. 

66.  Punishment  of  subordinate  officers  and  Warrant  Officer  by  Commandant,  etc.—A 
Commandant  or  such  other  officer  as  is,  with  the  consent  of  the  Central  Government,  specified  by  the 
Director-General  may,  in  the  prescribed  manner,  proceed  against  any  subordinate  officer  or  a  Warrant 
Officer  who  is  charged  with  an  offence  under  this  Act  and  award  one  or  more  of  the  following 
punishments, that is to say,— 

(a) severe reprimand or reprimand; 

(b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of 

which he is convicted is made good: 

Provided  that  the  punishment  mentioned  under  clause  (a)  shall  only  be  awarded  by  an  officer  not 

below the rank of Commandant authorised by the Director-General to award such punishment. 

21 

 
67. Collective fines.—(1) Whenever any weapon or part of a weapon, or ammunition, forming part of 
the equipment of a unit of the Force, is lost or stolen, an officer not below rank of the Commandant of a 
battalion may, after making such inquiry as he thinks fit and subject to the rules and regulations, impose a 
collective fine upon the subordinate officer, under-officer and men of such unit, or upon so many of them 
as, in his judgment, should be held responsible for such loss or theft. 

(2) Such fine shall be assessed as a percentage on the pay of the individuals on whom it falls. 

CHAPTER VI 

PENAL DEDUCTIONS 

68.  Deductions  from  pay  and  allowances  of  officers.—The  following  penal  deductions  may  be 

made from the pay and allowances of an officer, that is to say,— 

(a) all pay and allowances due to an officer for every day he absent himself without leave, unless 
a satisfactory explanation has been given to his commanding officer and has been approved by the 
Central Government; 

(b) all pay and allowances for every day while he is in custody or under suspension from duty on 
a charge for an offence for which he is afterwards convicted by a criminal court or an Assam Rifles 
Court or by an officer exercising authority under section 64 or section 65; 

(c)  any  sum  required  to  make  good  the  pay  of  any  person  subject  to  this  Act  which  he  has 

unlawfully retained or unlawfully refused to pay; 

(d)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction occasioned by the commission of an offence as may be determined by an Assam Rifles 
Court by whom he is convicted of such offence or by an officer exercising authority under section 64 
or section 65; 

(e) all pay and allowances ordered by an Assam Rifles Court to be forfeited or stopped; 

 (f) any sum required to pay a fine awarded by a criminal court or an Assam Rifles Court; 

(g)  any  sum  required  to  make  good  any  loss,  damage  or  destruction  of  public  or  regimental 
property which, after due investigation, appears to the Central Government to have been occasioned 
by the wrongful act or negligence on the part of the officer; 

(h) all pay and allowances forfeited by order of the Central Government if the officer is found by 
a Court of inquiry constituted by the Director-General in this behalf, to have deserted to the enemy, or 
while in enemy hands, to have served with, or under the orders  of, the enemy, or in any manner to 
have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of 
due  precaution  or  through  disobedience  of  orders  or  wilful  neglect  of  duty,  or  having  been  taken 
prisoner by the enemy, to have failed to rejoin his service when it was possible to do so; 

(i) any sum required by order of the Central Government to be paid for the maintenance of his 
wife  or  his  legitimate  or  illegitimate  child  or  towards  the  cost  of  any  relief  given  by  the  said 
Government to the said wife or child. 

69.  Deductions  from  pay  and  allowances  of  persons  other  than  officers.—Subject  to  the 
provisions of section 72, the following penal deductions may be made from the pay and allowances of a 
person subject to this Act other than an officer, that is to say,— 

(a) all pay and allowances for every day of absence either on desertion or without leave, or as a 
prisoner of war unless a satisfactory explanation has been given and accepted by his Commandant, 
and for every day of imprisonment awarded by a criminal court, an Assam Rifles Court or an officer 
exercising authority under section 62; 

(b) all pay and allowances for every day while he is in custody on charge for an offence of which 
he is afterwards convicted by a criminal court or an Assam Rifles Court or on a charge of absence 
without  leave  for  which  he  is  afterwards  awarded  imprisonment  by  an  officer  exercising  authority 
under section 62; 

22 

 
 
(c)  all  pay  and  allowances  for  every  day  on  which  he  is  in  hospital  on  account  of  sickness 
certified by the medical officer attending on him to have been caused by an offence under this Act 
committed by him; 

(d) for every day on which he is in hospital on account of sickness certified by the medical officer 
attending  on  him  to  have been caused  by  his  own  misconduct  or  imprudence,  such  sum  as  may  be 
specified  by  the  order  of  the  Central  Government  or  such  officer  as  may  be  specified  by  that 
Government; 

(e) all pay and allowances ordered by an Assam Rifles Court or by an officer exercising authority 

under any of the sections 62, 64, 65 and 66 to be forfeited or stopped; 

(f)  all  pay  and  allowances  for  every  day  between  his  being  recovered  from  the  enemy  and  his 
dismissal from the service in consequence of his conduct when being taken prisoner by, or while in 
the hands of the enemy; 

(g)  any  sum  required  to  make  good  such  compensation  for  any  expenses,  loss,  damage  or 
destruction  caused  by  him  to  the  Central  Government  or  to  any  building  or  property  as  may  be 
awarded by his Commandant; 

(h)  any  sum  required  to  pay  a  fine  awarded  by  a  criminal  court,  an  Assam  Rifles  Court  or  an 

officer exercising authority under any of the sections 62 and 67; 

(i) any sum required by order of the Central Government or any prescribed officer to be paid for 
the  maintenance  of  his  wife  or  his  legitimate  or  illegitimate  child  or  towards  the  cost  of  any  relief 
given by the said Government to the said wife or child. 

70. Computation of time of absence of custody.—For the purpose of clauses (a) and (b) of section 

69, 

(a) no person shall be treated as absent or in custody for a day unless the absence or custody has 
lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours 
or upwards; 

(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if 
such absence or custody prevented the absentee from fulfilling any duty which was thereby thrown 
upon some other person; 

(c) absence or custody for twelve consecutive hours or upward may be reckoned as absence or 

custody for the whole of each day during any portion of which the person was absent or in custody; 

(d) a period of absence or imprisonment, which commences before, and ends after, midnight may 

be reckoned as a day. 

71. Pay and allowances during trial.—In case of any person subject to this Act who is in custody or 
under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or 
any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the 
charge against him, in order to give effect to the provisions of clause (b) of section 68 and section 69. 

72.  Limit  of  certain  deductions.—The  total  deductions  from  the  pay  and  allowances  of  a  person 
made  under  clauses  (e),  (g)  to  (i)  of  section  69  shall  not,  except  where  he  is  sentenced  to  dismissal  or 
removal, exceed in any one month one-half of his pay and allowances of that month. 

73.  Deduction  from  public  money  due  to  a  person.—Any  sum  authorised  by  this  Act  to  be 
deducted  from  the  pay  and  allowances  of  any  person  may,  without  prejudice  to  any  other  mode  of 
recovering the same, be deducted from any public money due to him other than a pension. 

74. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct 
of any person subject to this Act when being taken prisoner by, or while in the hands of the enemy, is to 
be  inquired  into  this  Act  or  any  other  law,  the  Director-General  or  any  officer  authorised  by  him  may 
order that the whole or any part of the pay and allowances of such person shall be withheld pending the 
result of such inquiry. 

23 

 
 
75. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may 
be  remitted  in  such  manner  and  to  such  extent  and  by  such  authority,  as  may,  from  time  to  time  be 
prescribed. 

76.  Provision  for  dependents  of  prisoner  of  war  from  remitted  deductions.—In  the  case  of  all 
persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under 
clause (a) of section 69, but in respect of whom a remission has been made under section 75, it shall be 
lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for 
any dependants of such persons, and any such remission shall in that case be deemed to apply only to the 
balance thereafter remaining of such pay and allowances. 

77. Provision for dependents of prisoner of war from his pay and allowances.—It shall be lawful 
for proper provision to be made by the prescribed authorities for any dependants of any person subject to 
this Act who is prisoner of war or is missing, out of his pay and allowances. 

78.  Period  during  which  a  person  is  deemed  to  be  a  prisoner  of  war.—For  the  purposes  of 
sections 76 and 77, a person shall be deemed to continue to be prisoner of war until the conclusion of any 
inquiry into his conduct such as is referred to in section 74 and if he is dismissed or removed from the 
service in consequence of such conduct, until the date of such dismissal or removal. 

CHAPTER VII 

ARREST AND PROCEEDINGS BEFORE TRIAL 

79. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may 

be taken into Force custody, under the order of any superior officer. 

(2) Notwithstanding anything  contained in sub-section (1), an officer may order into Force custody 
any  other  officer,  though  such  other  officer  may  be  of  a  higher  rank,  engaged  in  a  quarrel,  affray  or 
disorder. 

80. Duty of Commandant in regard to detention.—(1) It shall be the duty of every Commandant to 
take care that a person under his command when charged with an offence is not detained in custody for 
more than forty-eight hours after the committal of such person into custody is reported to him without the 
charge being investigated, unless investigation within that period seems to him to be impracticable having 
regard to the public service. 

(2)  The  case  of  every  person,  being  detained  in  custody  beyond  a  period  of  forty-eight  hours,  and 
reason thereof, shall be reported by the Commandant to the Deputy Inspector-General under whom he is 
serving or such other officer to whom an application may be made to convene as Assam Rifles Court for 
the trial of the person charged. 

(3) In reckoning the period of forty-eight hours specified in sub-section (1), sundays and other public 

holidays shall be excluded. 

(4) Subject to the provisions of this Act, the Central Government may make rules providing for the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in Force custody, pending the trial by any competent authority for any offence committed by him. 

81. Interval between committal and trial.—In every case where any such person as is mentioned in 
section 79 and as not on active duty, remains in such custody for a longer period than eight days, without 
his trial by an Assam Rifles Court being ordered to be convened, a special report giving reasons for the 
delay shall be made by his Commandant in the manner prescribed, and a similar report shall be forwarded 
at intervals of every eight days until an Assam Rifles Court is convened or such person is released from 
custody. 

82.  Arrest  by  civil  authorities.—Whenever  any  person  subject  to  this  Act  who  is  accused  of  an 
offence under this Act, is within the jurisdiction of any  magistrate or police officer, such magistrate or 
police officer shall aid in the apprehension and delivery to Force custody of such person upon receipt of a 
written application to that effect signed by his Commandant or an officer authorised by the Commandant 
in that behalf. 

24 

 
 
83. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commandant of 
the  unit  to  which  he  belongs,  shall  give  information  of  the  desertion  to  such  civil  authorities  as,  in  his 
opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall 
thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for 
whose  apprehension  a  warrant  had  been  issued  by  a  magistrate  and  shall  deliver  the  deserter,  when 
apprehended, into Force custody. 

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this 
Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the 
nearest magistrate, to be dealt with according to law. 

84. Inquiry into absence without leave.—(1) When any person subject to this Act has been absent 
from  his  duty  without  due  authority  for  a  period  of  thirty  days,  a  court  of  inquiry  shall,  as  soon  as 
practicable,  be  assembled  and  such  court  shall,  on  oath  or  affirmation  administered  in  the  prescribed 
manner,  inquire  respecting  the  absence  of  the  person,  and  the  deficiency,  if  any,  in  the  property  of  the 
Government  entrusted  to  his  care,  or  in  any  arms,  ammunition,  equipment,  instruments,  clothing  or 
necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the 
court  shall  declare  such  absence  and  the  period  thereof  and  the  said  deficiency,  if  any,  and  the 
Commandant  of  the  unit  to  which  the  person  belongs  shall  make  a  record  thereof  in  the  prescribed 
manner. 

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the 

purposes of this Act, be deemed to be deserter. 

85. Force Police Officers.—(1) The Director-General or any prescribed officer may appoint persons 
(in this Act referred to as Force Police) for discharging the functions specified in sub-sections (2) and (3). 

(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for 
any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving 
in, or attached to, the Force. 

(3) Notwithstanding anything contained in section 79, a person appointed under sub-section (1) may, 
at any time, arrest and detain for trial, any person subject to this Act who commits, or is charged with, an 
offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded 
by an Assam Rifles Court or by an officer exercising authority under section 62 but shall not inflict any 
punishment on his own authority: 

Provided that no officer shall be arrested or detained otherwise than on the order of another officer. 

86. Kinds of Assam Rifles Courts.—For the purposes of this Act there shall be three kinds of Assam 

CHAPTER VIII 

ASSAM RIFLES COURTS 

Rifles Courts, that is to say,— 

(a) General Assam Rifles Courts;  

(b) Petty Assam Rifles Courts; and 

(c) Summary Assam Rifles Courts. 

87.  Power  to  convene  a  General  Assam  Rifles  Court.—A  General  Assam  Rifles  Court  may  be 
convened by the Central Government or the Director-General or by any officer empowered in this behalf 
by warrant of the Director-General. 

88. Power to convene a Petty Assam Rifles Court.—A Petty Assam Rifles Court may be convened 
by an officer having power to convene a General Assam Rifles Court or by an officer empowered in this 
behalf by warrant of any such officer. 

89. Contents of warrants issued under sections 87 and 88.—A warrant issued under section 87 or 

section 88 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. 

90. Composition of General Assam Rifles Court.—A General Assam Rifles Court shall consist of 
not  less  than  five  officers,  each  of  whom  has  held the  post  of  Assistant  Commandant  for  not  less  than 

25 

 
three  whole  years  and  of  whom  not  less  than  four  are  of  a  rank  not  below  that  of  confirmed  Assistant 
Commandant. 

Explanation.—For the purpose of this section and section 91, “Assistant Commandant” includes any 
post  of  a  higher  rank  and  any  post  declared  by  the  Central  Government,  by  notification,  to  be  an 
equivalent post as also any post higher in rank than the post so declared. 

91. Composition of a Petty Assam Rifles Court.—A Petty Assam Rifles Court shall consist of not 
less than three officers each of whom has held the post of Assistant Commandant for not less than two 
whole years. 

92.  Summary  Assam  Rifles  Court.—(1)  A  Summary  Assam  Rifles  Court  may  be  held  by  the 

Commandant of any unit of the Force and he alone shall constitute the Court. 

(2)  The  proceeding  shall  be  attended  throughout  by  two  other  persons  who  shall  be  officers  or 

subordinate officers or one of either, and who shall not as such, be sworn or affirmed. 

93. Dissolution of an Assam Rifles Court.—(1) If an Assam Rifles Court after the commencement 

of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. 

(2)  If,  on  account  of  the  illness  of  the  Law  Officer  or  of  the  accused  before  the  finding,  it  is 

impossible to continue the trial, an Assam Rifles Court shall be dissolved. 

(3) The officer who convened an Assam Rifles Court may dissolve the same if it appears to him that 
the exigencies of the service or necessities of discipline render it imposible or inexpedient to continue the 
said Assam Rifles Court. 

(4) Where an Assam Rifles Court is dissolved under this section, the accused may be tried again. 

94. Power of General Assam Rifles Court.—A General Assam Rifles Court shall have the power to 
try  any  person  subject  to  this  Act  for  any  offence  punishable  thereunder  and  to  pass  any  sentence 
authorised thereby. 

95. Power of a Petty Assam Rifles Court.—A Petty Assam Rifles Court shall have power to try any 
person subject to this Act other than an officer or a subordinate officer for any offence made punishable 
thereunder and to pass any sentence authorised by this Act other than a sentence of death or imprisonment 
for a term exceeding two years. 

96. Power of a Summary Assam Rifles Court.—(1) Subject to the provisions of sub-section (2), a 

Summary Assam Rifles Court may try any offence punishable under this Act. 

(2)  When  there  is  no  grave  reason  for  immediate  action  and  reference  can,  without  detriment  to 
discipline, be made to the officer empowered to convene a Petty Assam Rifles Court for the trial of the 
alleged offender, an officer holding a Summary Assam Rifles Court shall not try without such reference 
any offence punishable under any of the sections 21, 24 and 55, or any offence against the officer holding 
the Court. 

(3) A Summary Assam Rifles Court may try any person subject to this Act and under the command of 

the officer holding the Court, except an officer or a subordinate officer. 

(4)  A  Summary  Assam  Rifles  Court  may  pass  any  sentence  which  may  be  passed  under  this  Act 
except the sentence of death or if imprisonment for a term exceeding the limit specified in sub-section (5). 

(5) The limit referred to in sub-section (4) shall be— 

(a)  one  year,  if  the  officer  holding  the  Assam  Rifles  Court  has  held  either  the  post  of 
Commandant or a post declared by the Central Government, by notification, to be equivalent thereto 
for a period of not less than three years or holds a post of higher rank than either of the said posts; and 

(b) three months, in any other case. 

97.  Prohibition  of  second  trial.—(1)  When  any  person  subject  to  this  Act  has  been  acquitted  or 
convicted  of an  offence  by  an  Assam  Rifles  Court  or  by  a  criminal court  or  has  been  dealt  with  under 

26 

 
section 62 or section 64 or section 65 or section 66, he shall not be liable to be tried again for the same 
offence by an Assam Rifles Court or dealt with under the said sections. 

(2) When any person, subject to this Act has been acquitted or convicted of an offence by an Assam 
Rifles Court or has been dealt with under section 62 or section 64 or section 65 or section 66, he shall not 
be liable to be tried again by a criminal court for the same offence or on the same facts. 

98. Period of limitation for trial.—(1) Except as provided by sub-section (2), no trial by an Assam 
Rifles Court of any person subject to this Act for any offence shall be commenced after the expiration of a 
period of three years and such period shall commence— 

(a) on the date of the offence; or 

(b) where the commission of the offence was not known to the person aggrieved by the offence or 
to the authority competent to initiate action, from the first day on which such offence comes to the 
knowledge of such person or authority, whichever is earlier; or 

(c) where it is not known by whom the offence was committed, from the first day on which the 
identity of the offender is known to the person aggrieved by the offence or to the authority competent 
to initiate action, whichever is earlier: 

Provided that in computing any period under this section, the period during which the proceedings of 
investigation  has  been  stayed  by  any  court  in  such  offence  by  injunction  or  order,  the  period  of  the 
continuance of the injunction or order, the day on which it was issued or made; and the day on which it 
was withdrawn, shall be excluded. 

(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of 

the offences mentioned in section 24 or an offence under section 30. 

(3) In computation of the period of three years under sub-section (1), any time spent by such person in 

evading arrest after the commission of the offence, shall be excluded. 

99. Trial, etc., of offender who ceases to be subject to this Act.—(1) Where an offence under this 
Act had been committed by any person while subject to this Act and he had ceased to be so subject, he 
may be taken into and kept in Force custody and tried and punished for such offence as if he continued to 
be so subject. 

(2) No such person shall be tried for an offence, unless his trial commences within a period of three 
years after he had ceased to be subject to this Act; and in computing such period, the time during which 
such  person  has  avoided  arrest  by  absconding  or  concealing  himself  or  where  the  institution  of  the 
proceeding  in  respect  of  the  offence  has  been  stayed  by  an  injunction  or  order,  the  period  of  the 
continuance of the injunction or order, the day on which it was issued or made, and the day on which it 
was withdrawn, shall be excluded: 

Provided that nothing contained in this sub-section shall apply to the trial of any such person for an 
offence of desertion or for any of the offences mentioned in section 24 or shall affect the jurisdiction of a 
criminal court to try an offence triable by such court as well as by an Assam Rifles Court. 

100.  Application  of  this Act  during term  of  sentence.—(1)  When  a  person subject to  this  Act is 
sentenced by an Assam Rifles Court to imprisonment, this Act shall apply to him during the term of his 
sentence, though he is dismissed from the Force or has otherwise ceased to be subject to this Act, and he 
may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. 

(2) When a person subject to this Act is sentenced by an Assam Rifles Court to death, this Act shall 

apply to him till the sentence is carried out. 

101. Place of trial.—Any person subject to this Act who commits any offence against it may be tried 

and punished for such offence in any place whatever. 

102.  Choice  between  criminal  court  and  Assam  Rifles  Court.—When  a  criminal  court  and  an 
Assam  Rifles  Court  each  have  jurisdiction  in  respect  of  an  offence,  it  shall  be  in  the  discretion  of  the 
Director-General, or the Inspector General or the Deputy Inspector-General within whose command the 
accused  person  is  serving  or  such  other  officer  as  may  be  prescribed,  to  decide  before  which  court 

27 

 
proceedings shall be instituted, and, if that officer, decides that they shall be instituted before an Assam 
Rifles Court, to direct that the accused person shall be detained in Force custody. 

103. Power of criminal court to require delivery of offender.—(1) When a criminal court having 
jurisdiction  is  of  opinion  that  proceedings  shall  be  instituted  before  itself  in  respect  of  any  alleged 
offence,  it  may,  by  written  notice,  require  the  officer  referred  to  in  section  102  at  his  option,  either  to 
deliver  over  the  offender  to  the  nearest  Magistrate  to  be  proceeded  against  according  to  law,  or  to 
postpone proceedings, pending a reference to the Central Government. 

(2) In every such case the said officer shall either deliver over the offender in compliance with the 
requisition,  or  shall  forthwith  refer  the  question  as  to  the  court  before  which  the  proceedings  are  to  be 
instituted,  for  the  determination  of  the  Central  Government  whose  order  upon  such  reference  shall  be 
final. 

CHAPTER IX 

PROCEDURE OF ASSAM RIFLES COURTS 

104.  Presiding  Officer.—At  every  General  Assam  Rifles  Court  or  Petty  Assam  Rifles  Court,  the 

senior member shall be the presiding officer. 

105.  Law  Officer.—Every  General  Assam  Rifles  Court  shall,  and  every  Petty  Assam  Rifles  Court 
may, be attended by a Law Officer, or if no such officer is available, an officer approved by the Chief 
Law Officer or a Law Officer. 

106.  Challenges.—(1)  At  all  trials  by  a  General  Assam  Rifles  Court  or  by  a  Petty  Assam  Rifles 
Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read 
over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting 
on the court. 

(2)  If  the  accused  objects  to  such  officer,  his  objection  and  also  the  reply  thereto  of  the  officer 
objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of 
the challenged officer, decide on the objection. 

(3)  If  the  objection  is  allowed  by  one-half  or  more  of  the  votes  of  the  officers  entitled to  vote, the 
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner, by another officer subject to the same right of the accused to object. 

(4) When no challenge is made, or when a challenge has been made and disallowed, or the place of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the court shall proceed with the trial. 

107.  Oath  of  member,  Law  Officer  and  witness.—(1)  An  oath  or  affirmation  in  the  prescribed 
manner shall be administered to every member of an Assam Rifles Court and to the Law Officer or, as the 
case may be, the officer approved under section 105 before the commencement of the trial. 

(2) Every person giving evidence before an Assam Rifles Court shall be examined after being duly 

sworn or affirmed in the prescribed form. 

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years 
of age and the Assam Rifles Court is of opinion that though the witness understands the duty of speaking 
the truth, he does not understand the nature of an oath or affirmation. 

108. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision 
of an Assam Rifles Court shall be passed by a majority of votes; and where there is an equality of votes 
on either the finding or the sentence, the decision shall be in favour of the accused. 

(2) No sentence of death shall be passed by a General Assam Rifles Court without the concurrence of 

at least two-thirds of the members of the Court. 

(3)  In  matters,  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote. 

28 

 
 
109. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the 

provisions of this Act, apply to all proceedings before an Assam Rifles Court. 

110.  Judicial  notice.—An  Assam  Rifles  Court  may  take  judicial  notice  of  any  matter  within  the 

general knowledge of the members as officers of the Force. 

111. Summoning of witness.—(1) The convening officer, the presiding officer of an Assam Rifles 
Court or court of inquiry or the Law Officer or, as the case may be, the officer approved under section 
105 or the Commandant of the accused person may, by summons under his hand, require the attendance, 
at a time and place to be mentioned in the summons, of any person either to give evidence or to produce 
any document or other thing. 

(2) In the case of a witness, who is subject to this Act, the summons shall be sent to his Commandant 

and such officer shall serve it upon him accordingly. 

(3)  In  the  case  of  any  other  witness,  the  summons  shall  be  sent  to  the  Magistrate  within  whose 
jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness 
were required in the court of such Magistrate. 

112. Documents exempted from production.—(1) Nothing in section 111 shall be deemed to affect 
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) or to apply to any 
letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 

(2)  If  any  document  in  such  custody  is,  in  the  opinion  of  any  Chief  Judicial  Magistrate,  Chief 
Metropolitan Magistrate,  Court  of  Session  or  High  Court,  wanted for the  purpose  of  any  Assam  Rifles 
Court,  such  Magistrate  or Court  may  require  the  postal  or  telegraph  authorities,  as  the case  may  be,  to 
deliver such document to such person as such Magistrate, or Court may direct. 

(3) If any such documents is, in the opinion of any other Magistrate of any Commissioner of Police or 
District  Superintendent  of  Police,  wanted  for  any  such  purpose,  he  may  require  the  postal  or  telegraph 
authorities, as the case may be, to cause such search to be made for, and to detain such document pending 
the orders of any such Chief Judicial Magistrate, Chief Metropolitan Magistrate or Court of Session or 
High Court. 

113. Commission for examination of witness.—(1) Whenever, in the course of a trial by an Assam 
Rifles Court, it appears to the Court that the examination of a witness is necessary for the ends of justice, 
and  that  the  attendance  of  such  witness  cannot  be  procured  without  an  amount  of  delay,  expense  or 
inconvenience which, in the circumstances of the case, would be unreasonable, such court may address 
the Chief Law Officer in order that a commission to take the evidence of such witness may be issued. 

(2) The Chief Law Officer may then, if he thinks necessary, issue a commission to any Chief Judicial 
Magistrate  or  Judicial  Magistrate  of  the  first  class,  within  the  local  limits  of  whose  jurisdiction  such 
witness resides to take the evidence of such witness. 

(3) The Chief Judicial Magistrate or Judicial Magistrate of the first class to whom the commission is 
issued,  or  if  he  is  the  Chief  Judicial  Magistrate,  he  or  such  Judicial  Magistrate  of  the  first  class  as  he 
appoints in this behalf, shall summon the witness before him and shall take down his evidence in the same 
manner, and may for this purpose exercise the same powers,  as in the trials of warrant-cases under the 
Code of criminal Procedure, 1973 (2 of 1974). 

(4)  When  the  witness  resides  in  tribal  area  or  in  any  place  outside  India,  the  commission  may  be 
issued  in  the  manner  specified  in  sub-heading  “B.—Commissions  for  the  examination  of  witnesses”  of 
Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974). 

114.  Examination  of witness  on  commission.—(1) The  prosecutor  and  the  accused  person  in  any 
case in which a commission is issued under section 113 may respectively forward any interrogatories in 
writing which the court may think relevant to the issue, and the Chief Judicial Magistrate or the Judicial 
Magistrate  of  the  first  class  executing  the  commission  shall  examine  the  witness  upon  such 
interrogatories. 

29 

 
 
(2) The prosecutor and the accused person may appear before such Chief Judicial Magistrate or the 
Judicial Magistrate of the first class by counsel or, except in the case of an accused person in custody, in 
person, and may examine, cross-examine and re-examine, as the case may be, the said witness. 

(3) After a commission issued under section 113 has been duly executed, it shall be returned, together 

with the deposition of the witness examined thereunder to the Chief Law Officer. 

(4) On receipt of a commission, and deposition returned under sub-section (3), the Chief Law Officer 
shall  forward  the  same  to  the  court  at  whose  instance  the  commission  was  issued  or,  if  such  court  has 
been dissolved, to any other court convened for the trial of the accused person and the commission, the 
return thereto and the deposition shall be open to inspection by the prosecutor or the accused, person and 
may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, 
and shall form part of the proceedings of the court. 

(5) In every case in which a commission is issued under section 113, the trial may be adjourned for 

specified time reasonably sufficient for the execution and return of the commission. 

115. Conviction of offences not charged.—A person charged before an Assam Rifles Court— 

(a) with desertion may be found guilty of attempting to desert or of being absent without leave; 

(b) with attempting to desert may be found guilty of being absent without leave; 

(c) with using criminal force may be found guilty of assault; 

(d) with using threatening language may be found guilty of using insubordinate language; 

(e)  with  any  one  of  the  offences  specified  in  clauses  (a),  (b),  (c)  and  (d)  of  section  39  may  be 

found guilty of any other of these offences with which he might have been charged; 

(f)  with  an  offence  punishable  under  section  55  may  be  found  guilty  of  any  other  offence  of 
which he might have been found guilty, if the provisions of the Code of  Criminal Procedure, 1973  
(2 of 1974), were applicable; 

(g) with any offence under this Act may, on failure of proof of an offence having been committed 
in circumstances involving a more severe punishment, be found guilty of the same offence as having 
been committed in circumstances involving a less severe punishment; 

(h)  with  any  offence  under  this  Act  may  be  found  guilty  of  having  attempted  or  abetted  the 

commission of that offence, although the attempt or abetment is not separately charged. 

116. Presumption as to signatures.—In any proceeding under this Act, any application, certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

117.  Enrolment  paper.—(1)  Any  enrolment  paper  purporting  to  be  signed  by  an  enrolling  officer 
shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  enrolled  having  given  the  answers  to 
questions which he is therein represented as having given. 

(2) The enrolment of such person may be proved by the production of the original or a copy of this 
enrolment paper purporting to be certified to be a true copy by the officer having custody of enrolment 
paper. 

118. Presumption as to certain documents.—(1) A letter, return or other document respecting the 
service of any person in, or the dismissal, removal or discharge of any person from, any unit of the Force, 
or respecting the circumstances of any person not having served in, or belonged to any unit of the Force, 
if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any 
prescribed officer, shall be the evidence of facts stated in such letter, return or other document. 

(2) An Assam Rifles list or Gazette purporting to be published by authority shall be evidence of the 
status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by 
them and of the battalion, unit or branch of the Force to which they belong. 

30 

 
 
(3) Where a record is made in any battalion book in pursuance of this Act or of any rules or otherwise 
in  the  discharge  of  official  duties,  and  purporting  to  be  signed  by  the  Commandant  or  by  the  officer 
whose duty it is to make such record, such record shall be evidence of the facts therein stated. 

(4)  A  copy  of  any  record  in  any  battalion  book  purporting  to  be  certified  to  be  a  true  copy  by  the 

officer having custody of such book shall be evidence of such record. 

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of any officer or other person subject to 
this  Act,  or  any  unit  of  the  Force,  or  has  been  apprehended  by  such  officer  or  person,  a  certificate 
purporting to be signed by such officer or by the Commandant of the unit to which such person belongs, 
as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner 
in which he was dressed, shall be the evidence of the matters so stated. 

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave and such person has surrendered himself into the custody of, or has been apprehended by, a police 
officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed 
by  such  police  officer  and  stating  facts,  the  date  and  place  of  such  surrender  or  apprehension,  and  the 
manner in which he was dressed shall be evidence of the matters so stated. 

(7) Any document purporting to be the report under the hand of a Government scientific expert, upon 
any  matter  or  thing  duly  submitted  to  him  for  examination  or  analysis  and  report  in  the  course  of  any 
proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this 
Act. 

(8) The Assam Rifles Court may, if it thinks fit, summon and examine the expert referred to in sub-

section (7) as to the subject matter of his report. 

(9)  Where  any  such  expert  is  summoned  by  an  Assam  Rifles  Court  and  he  is  unable  to  attend 
personally,  he  may,  unless  the  Court  has  expressly  directed  him  to  appear  personally,  depute  any 
responsible officer working with him to attend the Court, if such deputed officer is conversant with the 
facts of the case and satisfactorily depose in the Court on his behalf. 

(10) The provisions of sub-sections (7), (8) and (9) shall apply to such Government scientific experts 

as specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). 

119.  Reference  by  accused  to  Government  officer.—(1)  If  at  any  trial  for  desertion  or  absence 
without leave, overstaying leave or not rejoining when warned for service, the accused person states in his 
defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to 
any officer in the service of the Government, or if it appears that any such officer is likely to prove or 
disprove  the  said  statement  in  the  defence,  the  Court  shall  address  such  officer  and  adjourn  the 
proceedings until his reply is received. 

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and 

have the same effect as if made on oath before the Court. 

(3) If the Court is dissolved before the receipt of such reply or if the Court omits to comply with the 
provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a 
fresh trial. 

120.  Evidence  of  previous  convictions  and  general  character.—(1)  When  any  person  subject  to 
this  Act  has  been  convicted  by  an  Assam  Rifles  Court  of  any  offence,  such  Assam  Rifles  Court  may 
inquire into, and receive, and record evidence of any previous convictions of such person, either by an 
Assam  Rifles  Court  or  by  a  criminal  court,  or  any  previous  award  of  punishment  under  section  62  or 
section 64 or section 65 or section 66, and may further inquire into and record the general character of 
such person and such other matters as may be prescribed. 

(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified 
extracts from, books of an Assam Rifles Court, or other official records; and it shall not be necessary to 
give notice before trial to the person tried that evidence as to his previous convictions or character will be 
received. 

31 

 
(3) At a Summary Assam Rifles Court, the officer holding the trial may, if he thinks fit, record any 
previous  convictions  against  the  offender,  his  general  character,  and  such  other  matters  as  may  be 
prescribed,  as  of  his  own  knowledge,  instead  of  requiring  them  to  be  proved  under  the  foregoing 
provisions of this section. 

121. Lunacy of accused.—(1) Whenever, in the course of a trial by an Assam Rifles Court, it appears 
to  the  Court  that  the  person  charged  is  by  reason  of  unsoundness  of  mind  incapable  of  making  his 
defence,  or  that  he  committed  the  act  alleged  but  was  by  reason  of  unsoundness  of  mind  incapable  of 
knowing the nature of the act or knowing that it was wrong or contrary to law, the Court shall record a 
finding accordingly. 

(2) The presiding officer of the Court, or in the case of a Summary Assam Rifles Court, the officer 
holding the trial, shall forthwith report the case to the confirming officer, or to the authority  empowered 
to deal with its findings under section 137, as the case may be. 

(3)  The  confirming  officer  to  whom  the  case  is  reported  under  sub-section  (2)  may,  if  he  does  not 
confirm  the  finding,  take  steps  to  have  the  accused  person  tried  by  the  same  or  another  Assam  Rifles 
Court for the offence with which he was charged. 

(4)  The  authority  to  whom  the  finding  of  a  Summary  Assam  Rifles  Court  is  reported  under  sub-
section (2), and a confirming officer confirming the finding in any case so reported to him shall order the 
accused person to be kept in custody in the prescribed manner and shall report the case for the orders of 
the Central Government. 

(5)  On  receipt  of  a  report  under  sub-section  (4),  the  Central  Government  may  order  the  accused 

person to be detained in a lunatic asylum or other suitable place of safe custody. 

122.  Subsequent  fitness  of  lunatic  accused  for  trial.—Where  any  accused  person,  having  been 
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under 
detention under section 121, any officer prescribed in this behalf, may,— 

(a) if such person is in custody under sub-section (4) of section 121, on the report of a medical 

officer that he is capable of making his defence, or 

(b) if such person is detained in a jail under sub-section (5) of section 121 on a certificate of the 
Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-
section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any 
other place under that sub-section, on a certificate of the prescribed authority, that he is capable of 
making his defence, 

take steps to have such person tried by the same or another Assam Rifles Court for the offence with which 
he was originally charged or, if the offence is a civil offence, by a criminal court. 

123. Transmission to Central Government of orders under section 122.—A copy of every order 
made  by  an  officer  under section 122  for  the trial of  the  accused  shall  forthwith  be  sent to  the  Central 
Government. 

124. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section 

121 or under detention under sub-section (5) of that section,— 

(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, 

or 

(b)  if  such  person  is  detained  under  the  said  sub-section  (5),  on  a  certificate  from  any  of  the 
authorities  mentioned  in  clause  (b)  of  section  122  that  in  the judgment  of  such officer  or  authority 
such person may be released without danger of his doing injury to himself or to any other person, 

the Central Government may order that such person be released or detained in custody, or transferred to a 
public lunatic asylum if he has not already been to such an asylum. 

125. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody  under  sub-section  (4)  of  section  121  or  under  detention  under  sub-section  (5)  of  that  section 
desires  that  he  should  be  delivered  to  his  care  and  custody,  the  Central  Government,  may,  upon 

32 

 
application by such relative or friend and, on his giving security to the satisfaction of that Government 
that the person delivered shall be properly taken care of and, prevented from doing injury to himself or to 
any other person, and be produced for the inspection of such officer, and at such times and places, as the 
Central Government may direct, order such person to be delivered to such relative or friend. 

126.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission any offence, is produced before an Assam Rifles Court during a trial, the Court may make 
such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and 
if  the  property  is  subject  to  speedy  or  natural  decay  may,  after  recording  such  evidence  as  it  thinks 
necessary, order it to be sold otherwise disposed of. 

127.  Order  of  disposal  of  property  regarding  which  offence  is  committed.—(1)  After  the 
conclusion  of  a trial  before  any  Assam  Rifles  Court,  the  Court  or  the  officer  confirming  the  finding  or 
sentence of such Assam Rifles Court, or any authority superior to such officer, or, in the case of Summary 
Assam  Rifles  Court  whose  finding  or  sentence  does  not  require  confirmation,  an  officer  not  below  the 
rank of Deputy Inspector-General within whose command the trial was held, may make such order as it or 
he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to 
possession thereof, or otherwise, of any property or document produced before the Court or in its custody, 
or regarding which any offence appears to have been committed or which has been committed or which 
has been used for the commission of any offence. 

(2) Where any order has been made under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and  such  Magistrate  shall  thereupon  cause  the 
order to be carried into effect as if it were an order passed by him under the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974). 

(3) In this section, the term “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been converted or 
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 

128. Powers of Assam Rifles Court in relation to proceedings under this Act.—Any trial by an 
Assam Rifles Court under the provisions of the Act shall be deemed to be a judicial proceeding within the 
meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Assam Rifles Court shall 
be  deemed  to  be  the  Court  within  the  meaning  of  sections  345  and  346  of  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974). 

CHAPTER X 

CONFIRMATION AND REVISION 

129.  Finding  and  sentence  not  valid  unless  confirmed.—No  finding  or  sentence  of  a  General 
Assam Rifles Court or a Petty Assam Rifles Court shall be valid except so far as it may be confirmed as 
provided by this Act. 

130. Power to confirm finding and sentence of General Assam Rifles Court.—The findings and 
sentences of General Assam Rifles Courts may be confirmed by the Central Government or by any officer 
empowered in this behalf by warrant of the Central Government. 

131.  Power  to  confirm  finding  and  sentence  of  Petty  Assam  Rifles  Court.—The  findings  and 
sentences  of  Petty  Assam  Rifles  Court  may  be  confirmed  by  an  officer  having  powers  to  convene  a 
General Assam Rifles Court or by any officer empowered in this behalf by warrant of such officer. 

132. Limitation of powers of confirming authority.—A warrant issued under section 130 or section 

131 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. 

133. Power for confirming authority to mitigate, remit or commute sentences.—Subject to such 
restrictions, reservations or conditions, as may be contained in any warrant issued under section 130 or 

33 

 
section  131,  a  confirming  authority  may,  when  confirming  the  sentence  of  an  Assam  Rifles  Court, 
mitigate  or remit the  punishment  thereby  awarded,  or  commute  that  punishment  for  any  punishment  or 
punishment lower in the scale laid down in section 57. 

134. Confirming of findings and sentences on board a ship.—When any person subject to this Act 
is tried and sentenced by an Assam Rifles Court while on board a ship, the finding and sentence so far as 
not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such 
person had been tried at the port of disembarkation. 

135. Revision of finding or sentence.—(1) Any finding or sentence of an Assam Rifles Court which 
requires confirmation may be once revised by order of the confirming authority and on such revision, the 
Court, if so directed by the confirming authority, may take additional evidence. 

(2)  The  Court,  on  revision,  shall  consist  of  the  same  officers  as  were  present  when  the  original 

decision was passed unless any of those officers are unavoidably absent. 

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, 

and the Court shall proceed with the revision: 

Provided  that,  if  a  General  Assam  Rifles  Court,  still  consists  of  five  officers,  or,  if  a  Petty  Assam 

Rifles Court, of three officers. 

136. Finding and sentence of a Summary Assam Rifles Court.—(1) Save as otherwise provided in 
sub-section  (2),  the  finding  and  sentence  of  a  Summary  Assam  Rifles  Court  shall  not  require  to  be 
confirmed, but may be carried out forthwith. 

(2) If the officer holding the trial is of the rank of Deputy Commandant or of a rank declared under 
clause (a) of sub-section (5) of section 96 as equivalent thereto or of a lower rank and has held such rank 
for  less  than  five  years,  he  shall  not,  except  on  active  duty,  carry  into  effect  any  sentence,  until  it  has 
received the approval of an officer not below the rank of a Deputy Inspector-General. 

137.  Transmission  of  proceedings  of  Summary  Assam  Rifles  court.—The  proceedings  of  every 
Summary  Assam  Rifles  Court  shall,  without  delay,  be  forwarded  to  the  officer  not  below  the  rank  of 
Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and such 
officer or the Director General or any officer empowered by him in this behalf may, for reasons based on 
the  merits  of  the  case,  but  not  on  merely  technical  grounds,  set  aside  the  proceedings,  or  reduce  the 
sentence to any other sentence which the court might have passed. 

138. Alteration of finding or sentence in certain cases.—(1) Where a finding of guilty by an Assam 
Rifles Court, which has been confirmed or which does not require confirmation, is found for any reason 
to be invalid or cannot be supported by the evidence, the authority which would have had power under 
section  150  to  commute  the  punishment  awarded  by  the  sentence,  if  the  finding  had  been  valid  may 
substitute a new finding and pass a sentence for the offence specified or involved in such finding: 

Provided that no such substitution shall be made unless such finding could have been validly made by 
the Assam Rifles Court on the charge and unless it appears that the Assam Rifles Court must have been 
satisfied of the facts establishing the said offence. 

(2) Where a sentence passed by an Assam Rifles Court which has been confirmed, or which does not 
require  confirmation,  not  being  a  sentence  passed  in  pursuance  of  new  finding  substituted  under  sub-
section (1) is found for any reason to be invalid, the authority referred to sub-section (1) may pass a valid 
sentence. 

(3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not 
be higher in the scale of punishment than, or in excess of, the punishment awarded by, the sentence for 
which a new sentence is substituted under this section. 

(4) Any finding substituted, or any sentence passed, under this section shall, for the purpose of this 
Act and the rules, have effect as if it were a finding or sentence, as the case may be, of an Assam Rifles 
Court. 

34 

 
139. Remedy against order, finding or sentence of Assam Rifles Court.—(1) Any person subject 
to this Act who considers himself aggrieved by any order passed by any Assam Rifles Court may present 
a petition to the officer or authority empowered to confirm any finding or sentence of the Assam Rifles 
Court and the confirming authority may take such steps as may be considered necessary to satisfy itself as 
to the correctness, legality or propriety of the order passed or as to regularity of any proceeding to which 
the order relates. 

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any 
Assam  Rifles  Court  which  has  been  confirmed  may  present  a  petition  to  the  Central  Government,  the 
Director-General or any prescribed officer superior in command to the one who confirmed such finding or 
sentence, and the Central Government, the Director-General or the prescribed officer, as the case may be, 
may pass such order thereon as it or he thinks fit. 

140. Annulment of proceedings.—The Central Government, the Director-General or any prescribed 

officer may annul the proceeding of any Assam Rifles Court on the ground that they are illegal or unjust. 

CHAPTER XI 

EXECUTION OF SENTENCE, PARDON, REMISSION, ETC. 

141. Form of sentence of death.—In awarding a sentence of death, an Assam Rifles Court shall in 
its discretion direct that the offender shall suffer death by being hanged by the neck until he be dead, or 
shall suffer death by being shot to death. 

142.  Commencement  of  sentence  of  imprisonment.—Whenever  any  person  is  sentenced  by  an 
Assam Rifles Court under this Act to imprisonment, the term of his sentence shall, whether it has been 
revised or not, be reckoned to commence on the day in which the original proceedings were signed by the 
presiding officer, or in the case of a Summary Assam Rifles Court, by the Court: 

Provided that when a person subject to this Act is sentenced by an Assam Rifles Court to a term of 
imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil 
or Force custody during investigation, inquiry or trial of the same case, and before the date of order, such 
sentence  shall  be  set  off  against  the  term  of  imprisonment  imposed  upon  him  and  the  liability  of  such 
person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, 
if any, of the term of imprisonment imposed upon him. 

143.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed  under  this  Act  by  an  Assam  Rifles  Court  or  whenever  any  sentence  of  death  is  commuted  to 
imprisonment, the confirming officer or in case of a Summary Assam Rifles Court, the officer holding the 
Court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and 
(4) direct that the sentence shall be carried out by confinement in a civil prison. 

(2)  When  a  direction  has  been  made  under  sub-section  (1),  the  Commandant  of  the  person  under 
sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the 
officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to 
such prison with the warrant. 

(3)  In  the  case  of  a  sentence  of  imprisonment  for  a  period  not  exceeding  three  months  and  passed 
under this Act by an Assam Rifles Court the appropriate officer under sub-section (1) may direct that the 
sentence shall be carried out by confinement in force custody instead of in a civil prison. 

(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as 
the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed 
officer may from time to time appoint. 

144.  Temporary  custody  of  offender.—Where  a  sentence  of  imprisonment  is  directed  to  be 
undergone in a civil prison, the offender may be kept in Force custody or in any other fit place till such 
time as it is possible to send him to a civil prison. 

145.  Execution  of  sentence  of  imprisonment  in  special  cases.—Whenever,  in  the  opinion  of  an 
officer  not  below  the  rank  of  Deputy  Inspector-General  within  whose  command  the  trial  is  held,  any 
sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out 

35 

 
in  Force  custody  in  accordance  with  the  provisions  of  section  143,  such  officer  may  direct  that  such 
sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place. 

146. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may, 
during his conveyance from place to place, or when on board ship, aircraft or otherwise, be subjected to 
such restraint as is necessary for his safe conduct and removal. 

147. Communication of certain orders to prison officers.—When an order is duly made under this 
Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil 
prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his 
staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such 
person is confined. 

148. Execution of sentence of fine.—When a sentence of fine is imposed by an Assam Rifles Court 
under  section  55,  a  copy  of  such  sentence  signed  and  certified  by  the  confirming  officer,  or  where  no 
confirmation is required by the officer holding the trial may be sent to any Magistrate in India and such 
Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974) as if it were a sentence of fine imposed by such Magistrate. 

149.  Informality  or  error  in  order  or  warrant.—Whenever  any  person  is  sentenced  to 
imprisonment under this Act and is undergoing the sentence in any place or manner in which he might be 
confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall 
not be deemed to be illegal only by reason of informality or error in, or as respects the order, warrant or 
other document, or the authority by which, or in pursuance where of such person was brought into, or is 
confined in any such place, and any such order, warrant or document may be amended accordingly. 

150. Pardon and remission.—When any person subject to this Act has been convicted by an Assam 
Rifles Court of any offence, the Central Government or the Director-General, or in the case of a sentence 
which he could have confirmed or which did not require confirmation, an officer not below the rank of 
Deputy Inspector-General within whose command such person at the time of conviction was serving or 
the prescribed officer may,— 

(a)  either  with  or  without conditions  which the  person  sentenced  accepts,  pardon  the  person  or 

remit the whole or any part of the punishment awarded; or 

(b) mitigate the punishment awarded; or 

(c) commute such punishment for any less punishment or punishments mentioned in this Act; or 

(d) either with or without conditions which the person sentenced accepts, release the person on 

parole. 

151. Cancellation of conditional pardon, release on parole or remission.—(1) If any condition on 
which  a  person  has  been  pardoned  or  released  on  parole  or  a  punishment  has  been  remitted  is,  in  the 
opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may 
cancel  the  pardon,  release  or  remission,  and  thereupon  the  sentence  of  the  Court  shall  be  carried  into 
effect as if such pardon, release or remission had not been granted. 

(2)  A  person  whose  sentence  of  imprisonment  is  carried  into  effect  under  the  provisions  of  sub-

section (1) shall undergo only the unexpired portion of his sentence. 

152. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced 
by an Assam Rifles Court to imprisonment, the Central Government, the Director-General or any officer 
empowered  to  convene  a  General  Assam  Rifles  Court  may  suspend  the  sentence  whether  or  not  the 
offender has already been committed to prison or to Force custody. 

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced 
direct  that  until  the  order  of  such  authority  or  officer  have  been  obtained,  the  offender  shall  not  be 
committed to prison or to Force custody. 

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence with has been confirmed, reduced or commuted. 

36 

 
 
153. Orders pending suspension.—(1) Where sentence referred to in section 152 is imposed by an 
Assam  Rifles  Court  other  than  Summary  Assam  Rifles  Court,  the  confirming  officer  may,  when 
confirming the sentence, direct that the offender be not committed to prison or to Force custody until the 
orders of the authority or officer specified in section 152 have been obtained. 

(2)  Where  a  sentence  of  imprisonment  is  imposed  by  a  Summary  Assam  Rifles  Court,  the  officer 
holding  the  trial  or  the  officer  authorised  to  approve  the  sentence  under  sub-section  (2)  of  section  136 
may make the direction referred to in sub-section (1). 

154. Release on suspension.—Where a  sentence is  suspended under section 152 the offender shall 

forthwith be released from custody. 

155.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence. 

156.  Order  after  suspension.—The  authority  or  officer  specified  in  section  152  may,  at  any  time 

while a sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence; or 

(b) that the sentence be remitted. 

157. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or 
officer specified in section 152 or by any officer not below the rank of a Deputy Inspector-General duly 
authorised by the authority or officer specified in section 152. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
offender  since  his conviction  has  been  such  as  to justify  a  remission  of the sentence,  he shall refer the 
matter to the authority or officer specified in section 150. 

158. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended 

under this Act, is sentenced for any other offence, then,— 

(a)  if  the  further  sentence  is  also  suspended  under  this  Act,  the  two  sentence  shall  run 

concurrently; 

(b) if the further sentence is for a period of three months or more and is not suspended under this 
Act, the offender shall be so committed to prison or to Force custody for the unexpired portion of the 
previous sentence, but both sentences shall run concurrently; and 

(c) if the further sentence is for a period of less than three months and is not suspended under this 
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject 
to any order which may be passed under section 156 or section 157, continue to be suspended. 

159.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  152  and  156  shall  be  in 

addition to, and not in derogation of the power of mitigation, remission and commutation. 

160. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence 
the punishment of dismissal or removal has been awarded by an Assam Rifles Court, and such sentence is 
suspended under section 152, then, such dismissal or removal shall not take effect until so ordered by the 
authority or officer specified in section 152. 

(2) If such other sentence is remitted under section 156, the punishment of dismissal or removal shall 

also be remitted. 

CHAPTER XII 

MISCELLANEOUS 

161.  Disposal  of  property  of  the  members  of  the  Force.—The  Central  Government  or  any  other 
authority  empowered  in  this  behalf  by  that  Government  may,  by  a  general  or  special  order,  make 
provisions for the disposal of the private or regimental property of any person subject to this Act or any 

37 

 
other dues including provident fund of that person, who dies or deserts, or is ascertained to be of unsound 
mind or while on active duty is officially reported as missing. 

162. Powers and duties conferrable and imposable on members of the Force.—(1) The Central 
Government may, by general or special order published in the Official Gazette, direct that, subject to such 
conditions and limitations, and within the local limits of such area adjoining the border of India, as may 
be specified in the order, any member of the Force may,— 

(a) for the purpose of prevention of any offence punishable under the Passport (Entry into India) 
Act, 1920 (34 of 1920), the Registration of Foreigners Act 1939 (16 of 1939), the Central Excise Act, 
1944 (1 of  1944), the Foreigners Act, 1946 (31 of 1946), the Customs Act, 1962  (52 of 1962), the 
Passports Act, 1967 (15 of 1967) or the Foreign Exchange Management Act, 1999 (42 of 1999) or of 
any cognizable offence punishable under any other Central Act; or 

(b)  for  the  purpose  of  apprehending  any  person  who  has  committed  any  offence  referred  to  in 

clause (a), 

exercise  or  discharge  such  of  the  powers  or  duties  under  that  Act  or  any  other  Central  Act  as  may  be 
specified in the said order, being the powers and duties which, in the opinion of the Central Government, 
an  officer  of  the  corresponding  or  lower  rank  is  by  that  or  such  other  Act  empowered  to  exercise  or 
discharge for the said purposes. 

(2) The Central Government may, by general or special order published in the Official Gazette, confer 
or impose, with the concurrence of the State Government concerned, any of the powers or duties which 
may be exercised or discharged under a State Act by a police officer upon a members of the Force who, in 
the opinion of the Central Government, holds a corresponding or higher rank. 

(3) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done under that order. 

163. Protection for acts of members of the Force.—(1) The provision of section 125 of the Indian 
Evidence Act, 1872 (1 of 1872) shall apply to such members of the Force who exercise or discharge any 
power or duty under sub-section (1) of section 162 or on whom any power is conferred or duty is imposed 
under sub-section (2) of that section in the same manner as it apply to a police officer. 

(2) In any suit or proceeding against any member of the Force for any act done by him in pursuance 
of a warrant or order of a competent authority, it shall be lawful for him to plead, that such act was done 
by him under the authority of such warrant or order. 

(3) Any such plea may be proved by the production of the warrant or order directing the act, and if it 
is so proved the members of the Force shall thereupon be discharged from liability in respect of the act so 
done  by  him,  notwithstanding  any  defect  in  jurisdiction  of  the  authority  which  issued  such  warrant  or 
order. 

(4)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  any  legal 
proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force 
for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision 
of  this  Act  or  the  rules,  shall  be  commenced  within  three  months  after  the  act  complained  of  was 
committed and not otherwise, and notice in writing of such proceedings and of the cause thereof shall be 
given  to  the  defendant  or  his  superior  officer  at  least  one  month  before  the  commencement  of  such 
proceedings. 

164. Power of Central Government to remove difficulties.—(1) If any difficulty arises in giving 
effect  to  the  provisions  of  this  Act,  the  Central  Government  may,  by  order  published  in  the  Official 

38 

 
Gazette,  make  such  provisions  not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  be 
necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  section  after  the  expiry  of  two  years  from  the 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

165. Power to make rules.—(1) The Central Government  may, by notification,  make rules for the 

purposes of carrying out the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a) the manner of re-constitution of the Force and the conditions of service of the members of the 

Force under sub-section (2) of section 4; 

(b) the mode of enrolment and the procedure for enrolment under sub-section (1) of section 6; 

(c) the authority whose previous permission in writing is required for resigning from appointment 

or withdrawing from all or any of the duties under section 8; 

(d) rank or ranks of an officer or a subordinate officer referred to under sub-section (2) of section 

11; 

(e) the authority who shall give previous sanction in writing under sub-section (1) of section 13; 

(f) nature of communication or publication under clause (c) of sub-section (1) of section 13; 

(g) other purposes of meeting or demonstration under sub-section (2) of section 13; 

(h) form of enrolment under section 31; 

(i) any other purpose under clause (h) of sub-section (1) of section 57; 

(j)  the  officer  who  may  direct  that  an  enrolled  person  who  has  been  sentenced  to  dismissal  or 
imprisonment  whether  combined  with dismissal or not  may  be  retained to  serve  in  the  ranks  under 
section 60; 

(k)  the  manner  of  proceedings  against  a  person  and  the  extent  of  awarding  punishment  under 

section 62; 

(l) the manner of proceeding against an officer below the rank of a Deputy Commandant and of 
the rank of subordinate officer and of the rank of Warrant Officer under sub-section (1) of section 64; 

(m) the manner of forwarding certified true copies of the proceedings and the superior authority 

to whom such copies shall be forwarded under sub-section (2) of section 64; 

(n) the manner of proceeding against an officer below the rank of Commandant and of any rank 

of subordinate officer and of the rank of Warrant Officer under sub-section (1) of section 65; 

(o) the manner of proceeding against any subordinate officer or a Warrant Officer under section 

66; 

(p)  the  officer  by  whose  order  any  sum  is  required  to  be  paid,  for  the  maintenance  of  wife  or 
legitimate or illegitimate child of a person subject to this Act other than an officer, under clause (i) of 
section 69; 

(q)  the  officer  who  may  direct  that  the  whole  or  any  part  of  the  pay  and  allowances  of  person 

subject to this Act shall be withheld under section 71; 

(r) the manner and the extent of remission of deductions from pay and allowances authorised by 

this Act and the authority by which such remission shall be made under section 75; 

39 

 
 
(s)  the  authorities  by  whom  proper  provision  to  be  made  out  of  the  pay  and  allowances  of  all 
persons subject to this Act, being prisoners of war, for the dependents of such persons under section 
76; 

(t) the authorities who shall make proper provision out of the pay and allowances of any person 

subject to this Act, who is prisoner of war or is missing under section 77; 

(u) the manner in which and the period for which any person subject to this Act may be taken into 

and detained in force custody under sub-section (4) of section 80; 

(v) the manner of making special report giving reasons for delay under section 81; 

(w) the authority to appoint, and the manner of appointment of, a court of inquiry; the manner of 
administering  oath  or affirmation  by  such  court  of inquiry  and  the  manner  of making  record  under 
sub-section (1) of section 84; 

(x) the officer who may appoint Force police under sub-section (1) of section 85; 

(y) the  other  officer  having  the  discretion  to decide before  which  court  the  proceeding  shall  be 

instituted under section 102; 

(z) the manner of filling up the vacancy of member by another officer under sub-section (3) of 

section 106; 

(za) the manner of administering oath or affirmation to every member of an Assam Rifles Court 
and  to  the  Law  Officer,  or,  as  the  case  may  be,  the  officer  approved  under  section  105  before  the 
commencement of the trial, under sub-section (1) of section 107; 

(zb) the form for being duly sworn or affirmed under sub-section (2) of section 107; 

(zc) the officer by whom the letter, return or other documents purported to be signed shall be the 
evidence of the facts stated in such letter, return or other document under sub-section (1) of section 
118; 

(zd) the other matters to be further inquired and recoded under sub-section (1) of section 120; 

(ze) the other matters to be recorded under sub-section (3) of section 120; 

(zf) the manner of keeping in custody of the accused person under sub-section (4) of section 121; 

(zg) the officer who may take steps to have certain persons tried under section 122; 

(zh) the authority for issuing certificate in case of detention in any other place under clause (b) of 

section 122; 

(zi)  the  officer  to  whom  the  proceedings  of  every  summary  Assam  Rifles  Courts  shall  be 

forwarded under section 137; 

(zj) the officer superior in command, to the one who confirmed the findings or sentence referred 

to in sub-section (2) of section 139, to whom petition may be presented under that sub-section; 

(zk) the officer who may annul the proceeding of any Assam Rifles Court under section 140; 

(zl) the other officer who shall direct that sentence shall be carried out by the confinement in a 

civil prison under sub-section (1) of section 143; 

(zm) the officer who shall forward a warrant and the form of such warrant under sub-section (2) 

of section 143; 

(zn) the officer who may from time to time appoint the place of confinement under sub-section 

(4) of section 143; 

(zo)  the  other  person  by  whom  the  warrant  shall  be  forwarded  to  the  officer  in  charge  of  the 

prison under section 147; 

(zp) the officer who may pardon or exercise other powers as specified under clauses (a) to (c) of 

section 150; 

40 

 
(zq) any other matter which is to be, may be, prescribed, or in respect of which provision is to be, 

or may be, made by rules. 

166. Power to make regulations.—The Director-General may make regulations for all or any of the 
purposes  of  this  Act  other  than  those  specified  in  section  165,  subject  to  approval  of  the  Central 
Government. 

167.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  or  regulation  made  under 
this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in 
session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more 
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session,  or  the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or 
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter 
have effect only in such modified form or be of no effect, as the case may be, so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule or regulation. 

168. Repeal and savings.—(1) The Assam Rifles Act, 1941 (5 of 1941) is hereby repealed. 

(2) Notwithstanding such repeal,— 

(a) the Assam Rifles in existence at the commencement of this Act and constituted under the Act 

so repealed shall be deemed to be reconstituted under this Act; 

(b)  members  of  the  Assam  Rifles in  existence  at  the commencement  of  this  Act  and  appointed 
under the Act so repealed shall be deemed to have been appointed or, as the case may be, enrolled as 
such under this Act; 

(c)  any  appeal,  application,  trial,  inquiry  or  investigation  pending  immediately  before  the 
commencement  of  this  Act  shall  be  disposed  of,  continued,  held  or  made,  as  the  case  may  be,  in 
accordance with the provisions of the Assam Rifles Act, 1941 (5 of 1941), as if this Act had not come 
into force; 

(d) any thing done or any action taken before the commencement of this Act, in relation to any 
person appointed or enrolled, shall be valid and as effective in law as if such thing or action was done 
or taken under the corresponding provisions of this Act. 

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